Neutral Citation No. - 2025:AHC:48319 Court No. - 79 Case :- CRIMINAL REVISION No. - 1421 of 2025 Revisionist :- Smt. Daksha Mohan And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jainendra Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. This criminal revision has been filed by the revisionists with prayer to allow the revision by increasing the amount of maintenance from Rs. 32,000/- to Rs. 90,000/- per month in favour of revisionists in Criminal Misc. Case No. 675 of 2019 (Smt. Daksha Mohan and another Vs. Colonel Rajat Mohan) under Section 125 Cr.P.C. Police Station Sector 20 Noida, District Gautam Buddh Nagar and impugned order dated 24.2.2025 may kindly be modified. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record. It is submitted by learned counsel for the revisionists that in this case, revisionists are wedded wife and son of opposite party no. 2. Both are living separate from opposite party no. 2 with reasonable excuse who has neglected to maintain them. Further submitted that learned trial court has passed the order and allowed the application u/s 125 Cr.P.C. vide order dated 24.2.2025 awarding the maintenance amounting to Rs. 32,000/- per month which is less and not sufficient for maintenance of revisionists, therefore, request to increase the amount awarded in their favour. Learned counsel for the revisionists supported his argument on the observation made by the Hon'ble Apex Court in the case of Rajnesh Vs. Neha AIR 2021 SCC 569. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record, the order passed by the learned trial court dated 24.2.2025, it appears that opposite party no. 2 was colonel in Army and now he is getting pension amounting to Rs. 1,28,271/- per month. This fact has already been discussed by learned trial court in issue no. 4. The learned trial court has fixed the amount of Rs. 32000/- for maintenance which is 25 % of the total amount of income of the opposite party no. 2 from pension which cannot be said to be insufficient for maintenance of the revisionists as observed by the Hon'ble Apex Court in the case of Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy, 2017 LawSuit (SC) 424, that the amount of 25 % of net salary of the husband can be just and proper to be awarded as maintenance for wife. In view of observation made by the Hon'ble Apex Court in the aforesaid case, the amount as fixed by the learned trial court is sufficient to maintain the revisionists. There appears no any illegality or impropriety in passing the order while fixing the amount of maintenance in favor of revisionists but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, the present revision is dismissed. Order Date :- 5.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad