HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 64 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist, learned counsel for the opposite party 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 and admit the present revision, summon the lower court record and modify the order dated 20.11.2024 passed by learned Additional Principal Judge, Family Court No. 2, Varanasi, in Case No. 365 of 2023 (Soma Mitra Vs. Abhitabh Mitra) under Section 125 Cr.P.C., Police Station Luxa, District Varanasi and enhance the interim maintenance awarded in favour of revisionist and her minor daughter. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is living separate from him with a minor daughter. The marriage was performed in the year 2009 and out of wedlock the daughter was born. He further submits that the opposite party no. 2 works as Deputy Director in Census Directorate, Tripura. He also submits that due to neglect and misbehaviour on the part of the opposite party no. 2 the revisionist is living apart from him with minor daughter who is school going and aged about ten years. The revisionist is unemployed lady and have no any source of income. She filed an application under Section 125 Cr.P.C. for maintenance against the opposite party no. 2 with an application for interim maintenance which was allowed by the learned trial court fixing the amount of interim maintenance Rs. 10,000/- per month in favour of wife and Rs. 5,000/- per month in favour of minor daughter that is disproportionate to the Versus Counsel for Revisionist(s) : Devesh Kumar, Mohit Gautam Counsel for Opposite Party(s) : G.A., Manoj Pathak Smt Soma Mitra .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) income of the husband and also not sufficient for their maintenance and education of the child, therefore, request to increase the amount. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that in this case the opposite party no. 2 never neglected or misbehaved the revisionist but he always kept her peacefully and always took care of her. He also made several deposits in her favour and was also giving money for expenses even though she filed an application under Section 125 Cr.P.C. when he refused to keep with him the mother and brother of opposite party no. 2. The revisionist has completed nursery teacher training course and also music course. She also takes tution and make earning of Rs. 40,000/- per month so she is able to maintain herself and the minor daughter. The learned trial court has considered all these facts and fixed the amount of interim maintenance Rs. 10,000/- per month in favour of wife and Rs. 5,000/- per month in favour of minor daughter that cannot be said to be insufficient or meager but it is sufficient. There is no any illegality or impropriety in the order passed by the learned trial court 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 20.11.2024 and perusal of material on record, it appears that the revisionist and the opposite party are wife and husband and there is minor child aged about ten years and continuing her studies in class seventh as stated by the revisionist. The revisionist has no any source of income as per record but she is dependent on her husband. The opposite party no. 2 being Deputy Director in Census Directorate, Tripua gets basic salary Rs. 83,300/- as admitted by himself plus T.A. and D.A. When D.A. 53% is added to the basic salary it becomes about Rs. 1,25,000/- out of which the amount of maintenance is to be determined in favour of wife and minor child in view of status of husband and wife. In considered opinion of this Court, the amount of maintenance Rs. 10,000/- and Rs. 5,000/- in favour of wife and minor child being less is liable to be increased. Accordingly, this criminal revision is partly allowed and the amount of interim maintenance is increased to Rs. 18,000/- per month in favour of wife on the place of Rs. 10,000/- per month, Rs. 12,000/- per month in favour of CRLR No. 64 of 2025 2 minor child on the place of Rs. 5,000/- per month and this amount is payable from the date of application. So far as the arrears of amount of interim maintenance is concerned, it will be just and proper to divide the amount of arrears of interim maintenance into ten equal installments those are to be paid month to month with the current amount of maintenance. September 23, 2025 Suraj Srivastav CRLR No. 64 of 2025 3 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad