Neutral Citation No. - 2025:AHC:71376 Court No. - 79 Case :- CRIMINAL REVISION No. - 1462 of 2025 Revisionist :- Puja Ravat Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sandeep Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. As per Office report notice has been served on the opposite party no. 2 even though he did not turn up. Heard 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 by the revisionist with a prayer to allow this revision and modify the impugned judgment and order dated 19.02.2025 passed by learned Additional Principal Judge, Family Court, Court no. 3, Deoria in Maintenance Case No. 681 of 2019 (Puja Ravat Vs. Sriram Saroj) under Section 125 Cr.P.C. Police Station Bhatani, District Deoria so far lesser amount of maintenance awarded in favour of the revisionist, is concerned and accordingly the amount of maintenance may be enhanced from Rs. 10,000/- per month to Rs. 25,000/- per month from the date of application in favour of the revisionist. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is husband of the revisionist whose marriage was performed in the year 2018. From the year 2019, she is living apart from the husband in the Maika due to neglect on his part. She has moved an application under Section 125 Cr.P.C. which was decided by the learned trial court by order dated 19.02.2025 fixing the amount of maintenance Rs. 10,000/- per month subject to adjustment of the amount of interim maintenance Rs. 2,500/- per month in case of Domestic Violence Act under Section 12. He further submits that the opposite party no. 2 works as Excise Inspector and gets gross salary Rs. 86,428/- after deduction it comes to Rs. 76,148/-. He also submits that during his examination before the learned court he admitted his salary to be Rs. 60,000/- per month. He also submits that he has filed pay slip for the month of October, 2023 showing gross salary Rs. 86,428/- and after deduction net salary Rs. 76,148/-, therefore, request to increase the amount of maintenance as fixed by the learned trial court. As per observation made by the Apex Court in the case of Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129 and Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 324; Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy AIR 2017 Supreme Court 2383 the maintenance amount can be fixed up to the extent of 25 % of net salary of the husband in favour of wife, therefore, request to increase the amount for maintenance in favour of revisionist. Learned A.G.A. for the State opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of the material on record, the order passed by the learned trial court, it appears that the revisionist is wife of opposite party no. 2 and due to neglect on the part of opposite party no. 2 she is living apart from him in her Maika. The opposite party no. 2 is working as Excise Inspector and his gross salary is Rs. 86,428/- and net salary Rs. 76,148/- in the month of October, 2023. The application under Section 125 Cr.P.C. was moved in the year 2019 and the opposite party no. 2 has admitted his salary to be Rs. 60,000/- per month in his cross-examination. Undoubtedly, in the year 2019, i.e. four years prior to the year 2023, the salary of opposite party no. 2 would be less than the salary in the month of October, 2023. In view of observation made by the Hon'ble Apex Court in the aforesaid cases the amount of maintenance in favour of wife may extend to 25 % of net salary of the husband. In this way, the amount Rs. 10,000/- as fixed by the learned trial court cannot be said to be proportionate to the net salary of the opposite party no. 2. In the considered opinion of this Court, the monthly amount of maintenance is liable to be increased to the extent of Rs. 15,000/- per month on the place of Rs. 10,000/- per month from the date of application subject to adjustment of any amount being received by her as interim maintenance/maintenance in the present case or in any other case. Accordingly, this criminal revision is partly allowed with modification to the extent of amount of maintenance of Rs. 15,000/- per month on the place of Rs. 10,000/- per month subject to adjustment of any amount being received by the revisionist as interim maintenance/maintenance in the present case or in any other case. Order Date :- 5.5.2025//Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad