Neutral Citation No. - 2025:AHC:49224 Court No. - 79 Case :- CRIMINAL REVISION No. - 1548 of 2025 Revisionist :- Ramanand Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Ahtisham Hussain Hashmi,Anurag Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Hear learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow this revision by setting aside the quash the impugned order dated 03.02.2025 passed by learned Principal Judge, Family Court, Mainpuri in Case No.354 of 2018 (Smt. Poonam and others vs. Ramanand) u/s 125 Cr.P.C., Police Station Kotwali, District Mainpuri by which the learned Family Court has awarded maintenance to the opposite party no.2 & 3 as Rs.8000/- and Rs.2000/- per month respectively. It is submitted that the revisionist is a teacher and his salary is Rs.32,000/- as admitted by himself, learned trial court has fixed the amount of maintenance of Rs.8000/- for the wife and Rs.2000/- for the minor child totally Rs.10,000/- that is in excess. It is also submitted that the revisionist has other liabilities to discharge like maintenance of his old mother and other members of his family, also the repayment of loan, therefore, request to reduce the amount of maintenance or to alter the order for payment of maintenance from the date of order in place of from the date of application. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for he revisionist as well as learned A.G.A., perusal of record and the order passed by the learned trial court, it appears that opposite party no.2 is wife of revisionist and opposite party no.3 is his minor daughter. Admittedly, the revisionist earns Rs.32,000/- as net salary per month as being teacher and the wife is unemployed though she is also qualified lab technician. It also appears that the wife and minor child are living separate from the revisionist from the year 2017 when she was pregnant and, thereafter, gave birth to a child in the year 2018 and now child is aged about 6 years. Learned trial court has taken into consideration the affidavits given by the parties regarding income and also the liabilities. The mother of the revisionist also gets family pension, therefore, it cannot be said that all the financial liabilities of the family rest on the revisionist only. Learned trial court has also considered the law as laid down in Shamima Farooqi vs. Shahid Khan A.I.R. 2015 SC 2025 and Rajnesh vs. Neha and others Criminal Appeal No.730 of 2020 by the Hon'ble Supreme Court and then determined the amount of Rs.10,000/- per month in favour of the opposite party no.2 & 3 as maintenance which is less than 25% of the total monthly income of the revisionist which cannot be said to be excessive in view of observation made by the Hon'ble Supreme Court in the case of Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy on 19 April, 2017 AIR 2017 Supreme Court 2383. As per the observations made by the Hon'ble Supreme Court in the aforesaid cases 25% of net salary of the husband can be given to the wife and child as maintenance. The amount of Rs.8000/- is not in excess to that of 25% of the net salary of the husband and Rs.2000/- for a child aged about 6 years can also not be said to be excessive and more than the amount to be spent on her maintenance. In this way, there appears no any illegality and impropriety in the order dated 03.02.2025, therefore, it does not warrant any interference by this Court. So far as the payment of arrears is concerned, it will be just and proper & in the interest of both the parties to direct the revisionist to pay the amount of arrears of maintenance from the date of application to the date of order in 12 equal installments and this amount shall be paid per month with the current monthly amount of maintenance. Accordingly, this criminal revision is, hereby, disposed of at the admission stage itself. Order Date :- 7.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad