Neutral Citation No. - 2025:AHC:131867 Court No. - 84 Case :- CRIMINAL REVISION No. - 2472 of 2025 Revisionist :- Smt Poonam Agarwal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Abhishek Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party Sri Saksham Srivastava as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the revision by enhancing the interim maintenance amount from Rs. 15,000/- per month to Rs. 50,00,000/- one time during pendency of criminal revision no. 248 of 2021 (Smt. Poonam Agarwal Vs. Rajesh Agarwal) under Section 125 Cr.P.C., Police Station Bita-2, District Gautam Budh Nagar. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is husband. The revisionist being wife was neglected by him that was the reason she started living separate from him under compulsion with her Bua. She has no any source of income to maintain herself. On the other hand, the opposite party no. 2 is conducting business of construction and flour mill and makes income in crores. She moved an application under Section 125 Cr.P.C. for maintenance with an application for interim maintenance which was decided by the learned trial court by order dated 26.09.2024 fixing the amount of interim maintenance in favour of wife Rs. 15,000/- out of monthly income of the husband that is Rs. 80,000/- per month as admitted by him in his affidavit filed regarding his assets and liabilities. In this way, the learned trial court has committed error in fixing the amount of interim maintenance as per observation made by the Hon'ble Supreme Court in the case of Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129, that the amount of maintenance to the wife may extend to 25% of net salary of the husband therefore, request to set aside the order passed by the learned trial court and increase the amount of maintenance. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that in this case the amount of interim maintenance Rs. 15,000/- per month in favour of wife is sufficient for her maintenance. There is no any material on record to show that the opposite party no. 2 is making income in crores. He also submits that the amount so fixed is sufficient for maintenance of wife and is not liable to be increased but this revision being devoid of merit is liable to be dismissed. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A., the order passed by the learned trial court dated 26.09.2024 and perusal of material on record it appears that the revisionist is wife of the opposite party no. 2 who was married in the year 2000 and out of wedlock two children were born those have become major and one of them committed suicide. Thereafter, due to neglect on the part of husband the revisionist is living with her Bua under compulsion and having no any source of income. The opposite party no. 2 has admitted and he has mentioned in affidavit regarding his assets and liabilities that his monthly income is about Rs. 80,000/-. There is no dispute in this regard. As per observation made by the Hon'ble Supreme Court in the case of Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129, the amount of maintenance to the wife may extend to 25 % of net salary of the husband. Accordingly, this criminal revision is partly allowed and the amount of interim maintenance in favour of wife is increased to Rs. 20,000/- per month on the place of Rs. 15,000/- per month and this amount is payable from the date of application. Order Date :- 5.8.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad