Neutral Citation No. - 2025:AHC:54356 Court No. - 79 Case :- CRIMINAL REVISION No. - 1578 of 2025 Revisionist :- Brajesh Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ramesh Chandra Pathak Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. The present revision has been filed by the revisionist with prayer to set aside the impugned order dated 01.02.2025 passed by learned Additional District & Sessions Judge, Court No. 1 Basti in Criminal Appeal No. 12 of 2023 (Brajesh Kumar Vs. State of U.P. and another) as well as order date 4.3.2023 passed by Civil Judge (Junior Division)/F.T.C. (Offences against Women) Basti in Criminal Case No. 697 of 2022 (Usha Chaudhary Vs. Brajesh Kumar Chaudhary and others), under Section 12 of Domestic Violence Act, Police Station Kotwali, District Basti. 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 revisionist that in this case, an application under Section 125 Cr.P.C. was filed by wife/opposite party no. 2 which is allowed and amount of Rs. 5000/- per month was fixed as maintenance on 7.8.2023. It was also directed by the learned court that the amount of maintenance obtained by the wife in any other case shall be adjusted to the amount of maintenance. Further submitted that a complaint under Section 12 Domestic Violence Act was also filed and treated as Complaint Case No. 697 of 2022 which was decided on 4.3.2023 by which Rs. 4000/- per month as maintenance were also directed to be paid by the revisionist and in that order the amount of interim/ other maintenance directed to be paid in any other case was to be adjusted. Against that order an appeal was filed before the learned court of Session which was disposed of vide order dated 1.2.2025 modifying and fixing the amount Rs. 2000/- on the place of Rs. 4000/- as maintenance but there is no any direction in the order passed by the learned appellant court about adjustment of the amount in the amount of maintenance to be received in some other case as was directed by order dated 4.3.2023 in Complaint Case No. 697 of 2022 and the order dated 7.8.2023 passed in an application u/s 125 Cr.P.C. Learned A.G.A. has no objection in this regard. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. perusal of record and order passed by learned trial court, it appears that the order dated 4.3.2023 fixing the amount of maintenance Rs. 4000/- per month in favour of opposite party no. 2 was passed by learned court of Magistrate in Complaint Case No. 697 of 2022 under Section 12 Domestic Violence Act in which it was directed by the learned court that any amount received by the opposite party as interim maintenance or other maintenance shall be subject to adjustment. Later on an application under Section 125 Cr.P.C. (Criminal Case No. 388/11/2020) was decided on 7.8.2023 by which the amount of maintenance was fixed to be Rs. 5000/- per month and it was directed that the amount of maintenance to be received in any other case shall be adjusted in the aforesaid amount. The order passed by the learned Magistrate dated 4.3.2023 was challenged in appeal before the Session court and the amount of monthly maintenance Rs. 4000/- was modified to Rs. 2000/- per month vide order dated 1.2.2025. Since the application under Section 125 Cr.P.C. filed by the opposite party no. 2 was allowed and amount of maintenance Rs. 5000/- was fixed and also amount of maintenance to be received in some other case was to be adjusted in the aforesaid amount and also same direction was made by the learned Magistrate while deciding the complaint under Section 12 Domestic Violence Act vide order dated 4.3.2023 regarding which order was passed by learned Appellate court on 1.2.2025 modifying the amount to the extent of Rs. 2000/-. Though the amount of maintenance has been awarded in both the case but in view of law laid down by the Apex Court in the case of Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 32, the amount of maintenance awarded in both the cases is subject to adjustment, therefore, the amount awarded in complaint Case no. 697 of 2022 by learned Magistrate as well as learned court of Session shall be subject to adjustment in the monthly amount of maintenance of Rs. 5000/- vide order dated 7.8.2023. Accordingly, this criminal revision is disposed of finally at admission stage with clarification that the amount awarded in complaint case shall be subject to adjustment to the amount as awarded under Section 125 Cr.P.C. Order Date :- 15.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad