Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48585 Court No. - 79 Case :- CRIMINAL REVISION No. - 1541 of 2025 Revisionist :- Naveen Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. This criminal revision has been filed by the revisionist against the
order dated 17.02.2025 passed by the learned Principal Judge, Family Court, Mathura in Misc. Case No. 103 of 2021 (Smt Anju Rani Vs. Naveen Kumar), under Section 127 Cr. PC., Police Station Highway, District Mathura on an application filed by the opposite party no.2, who is wife of the revisionist. It is submitted by the learned counsel for the revisionist that in this case the husband/revisionist gets gross salary amounting to Rs 52,193/- per month as per salary slip, after legal deduction net salary is Rs. 33560/- per month, but learned trial court has increased the amount of maintenance to Rs 10,000/- per month, which is against the mandate of law as decided by the Hon'ble Apex Court in the case of Kalyan Dey Chowdhury Versus Rita Dey Chowdhury AIR 2017 SC 2383, i.e. 25% of the total salary of the husband. He further submitted that this fact and other liabilities of the revisionist were not taken into consideration by the learned trial court while passing the order, therefore, it is being illegal and liable to be set aside and reduce the amount of maintenance as increased by the learned trial court. Learned A.G.A. opposed the payer as aforesaid and contended that as per income tax return for the assessment year 2024-2025, the income of the revisionist has been shown to be Rs. 04,87,260/- yearly and when it is divided in month, it comes to Rs. 40,605/- per month. The learned trial court has increased the amount to the extent of Rs 10,000/- i.e. not more than 25% of the total income, therefore, order passed by the learned trial court cannot be said to be illegal. On considering the facts and circumstances of the case, rival
submissions made by the learned counsel for the parties, perusal of record, order passed by the learned trial court, salary slip and
income tax return relating to assessment year 2024-2025, it appears that total income has been shown by the revisionist to be Rs.4,87,260/- yearly and when it is calculated in month, it comes to Rs. 40,605/- per month and the learned trial court has increased the amount of maintenance to the extent of Rs. 10,000/- per month. As per mandate of the Hon'ble Apex Court, 25% amount of total income of the husband can be awarded as amount of maintenance in favour of the wife. Learned trial court has increased the amount to the extent to Rs. 10,000/- i.e not more than 25% monthly income of the husband. In view of the above, there appears no illegality or impropriety in the order passed by the learned trial court. The revision is devoid of merit and it is liable to be dismissed at the admission stage itself. Accordingly, the present revision is dismissed.
Order Date :- 5.4.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad