HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2211 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Heard Shri Manoj Kumar Srivastava, learned counsel for the revisionist, Shri Anshul Kumar Singhal, learned counsel for the opposite party no.2 as well as learned AGA and perused the record. 2. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 05.02.2024 passed by the Additional Principal Judge, Family Court, Bareilly, in Criminal Misc. Case No. 484 of 2020 (Smt. Kiran Joshi Vs. Harish Chandra Joshi), under Section 125 Cr.P.C. Police Station Izzatnagar, District Bareilly, whereby the trial court directed the revisionist to pay Rs.10,000/- per month to the opposite party no.2 as maintenance from the date of the application to the date of order and further Rs.12,000/- per month from the date of the order dated 05.02.2024. 3. Learned counsel for the revisionist has stated that the relation between the husband and the wife are not disputed. Learned counsel further stated that the from the wedlock of the revisionist and the opposite party no.2, two children were born and both of them are living with the revisionist and he is maintaining both of them. Learned counsel for the revisionist also submitted that he has responsibility of looking after his old mother. His sole contention is that the maintenance amount awarded by the trial court is excess and the same is not commensurate with the income of the revisionist and prayed to reduce the amount of maintenance from Rs.12,000/- to Rs.10,000/-. 4. On the other hand, learned counsel for the opposite party no.2 and learned A.G.A. appearing on behalf of the State-opposite party no.1 stated that it is admitted case that the opposite party no.2 is the legally wedded wife of the revisionist and the amount of maintenance has been awarded by the trial court on the basis of the salary slip filed by the revisionist in the year Versus Counsel for Revisionist(s) : Manoj Kumar Srivastava Counsel for Opposite Party(s) : Anshul Kumar Singhal, G.A. Harish Chandra Joshi .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 2021, in which, the gross salary was Rs.54,164/- and the amount awarded by the trial court is not excessive keeping in view the current inflation, medical expenses and other misc. expenses like fooding, lodging etc. 5. expenses like fooding, lodging etc. 5. On considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties as well as learned A.G.A., perusal of record and order passed by learned trial court dated 05.02.2024, it is not in dispute that the opposite party no.2 is the legally wedded wife of the revisionist and the revisionist is under obligation to maintain her wife. It is also not in dispute that the opposite party no.2 has no source of income. However, it is admitted by the opposite party no.2 that the revisionist is maintaining her two daughters, who are living with him. 6. So far as other issues are concerned, no argument has been raised regarding them. 7. Now question before this Court is whether the amount of Rs.12,000/-per month awarded by the trial court in favour of the opposite party no.2 is justified or not. Perusal of the impugned order shows that the t rial court has considered the salary slip of the revisionist, in which, gross income of the revisionist was Rs.79,115/- per month and after deduction it comes to Rs.54,164/- per month. According to the observations of the Apex Court int he case of Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 324; Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy AIR 2017 Supreme Court 2383 and Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129 the maintenance amount can be fixed to the extent of 25% of the net salary/income of the husband, which comes to Rs.13,500/- and the amount awarded by the trial court is still in lower side, hence, the impugned order under challenge does not warrant any interference by this Court. 8. Accordingly, the instant criminal revision being bereft of merit is dismissed. September 16, 2025 Prajapati RK CRLR No. 2211 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad