Neutral Citation No. - 2025:AHC:141437 Court No. - 84 Case :- CRIMINAL REVISION No. - 1692 of 2025 Revisionist :- Saurabh Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kunwar Akhilendra Singh,Shyam Kishore Yadav Counsel for Opposite Party :- Dileep Singh Yadav,G.A. Hon'ble Subhash Chandra Sharma,J. 1. List revised. 2. Learned counsel for the revisionist is present but none appeared for the opposite party even in the revised call, except learned AGA for the State. 3. This criminal revision has been filed with a prayer to allow the revision and quash the order dated 17.1.2025 passed by learned Principal Judge, Family Court, Kannauj in Case No.235/12/2019 (Pooja Yadav Vs. Saurabh) under Section 125 Cr.P.C., Police Station Intergarh, District Kannauj and further prays to stay the entire proceeding of the aforesaid case. 4. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife, who is living apart from him without any sufficient reason and filed an application under Section 125 Cr.P.C., which was allowed by the learned trial court fixing an amount of maintenance Rs.15,000/- per month from the date of application. He further submits that the revisionist works as Constable in U.P. Police and gets net salary Rs.39,733/-. The amount fixed by learned trial court is disproportionate and excessive and in view of the observation made by the Hon'ble Supreme Court in the case of Shamima Farooqi vs. Shahid Khan A.I.R. 2015 SC 2025 and Rajnesh vs. Neha and others Criminal Appeal No.730 of 2020 and Kalyan Dey Chowdhary vs. Rita Dey Chowdhary Nee Nandy on 19 April, 2017 AIR 2017 Supreme Court 2383, the amount of maintenance may be to the extent of 25% of the net salary, therefore, request to set aside the order passed by the learned trial court and reduce the amount of maintenacne and allow the revision. 5. Learned A.G.A. opposed the prayer as aforesaid but could not dispute the law as settled by the Hon'ble Supreme Court in the aforesaid cases. 6. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 17.1.2025, it appears that opposite party no.2 is wife of the revisionist and is living separate from him due to his neglect. The application under Section 125 Cr.P.C. filed by the wife has been allowed but the amount of maintenance has been fixed as Rs.15,000/- per month, whereas he is working as Constable in U.P. Police and gets net salary Rs.39,733/- as per pay slip relating to the month of February, 2024. The opposite party no.2 has no any source of income to maintain herself and the revisionist being husband and having sufficient means is under obligation to maintain his wife, who is living apart from him with sufficient reason. As per the observations made by the Hon'ble Supreme 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 of Rs.15,000/- per month is excessive and liable to be reduced to Rs.10,000/-. Thus, the amount of maintenance Rs.15,000/- per month is, hereby, reduced to Rs.10,000/- per month, payable from the date of application. 7. Accordingly, this criminal revision is partly allowed. Order Date :- 19.8.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad