HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2859 of 2024 Court No. - 89 HON'BLE MADAN PAL SINGH, J. 1. Case called out in the revised call. None has appeared on behalf of the opposite party no.2 to press the present revision. Hence this criminal revision is being decided after hearing the arguments of learned counsel for the revisionist as well as learned AGA. 2. Heard Sri Whaquar Ahamad Advocate holding brief of Ms. Akanksha Srivastava, learned counsel for the revisionists, learned AGA and perused the material available on record. 3.This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionists for enhancement of the maintenance amount awarded vide judgment and order dated 06.01.2023 passed by the Additional Principal Judge, Family Court, Court No. 2 Agra, in Maintenance Case No. 352 of 2018 (Smt. Sunita Gupta Vs. Ram Asare), under Section 125 Cr.P.C., whereby the trial court while allowing the instant application and has directed the opposite party no.2 to pay Rs. 8000/- per month to the revisionist no. 1 and Rs. 2000/- each to the revisionist nos. 2 and 3. towards maintenance allowance from the date of impugned order. 4. The sole contention of learned counsel for the revisionists is that the income of the opposite party no.2 has increased up to Rs.70,000/- per month and that the expenses of the revisionist no.1 as well as her minor children have also increased as they have started studying in higher classes, therefore, the amount of maintenance deserves to be enhanced. 5. Learned AGA opposed the submissions as advanced by learned counsel for the revisionists and submits that in changed circumstances as alleged by the learned counsel for the revisionists, they have ample opportunity to move Versus Counsel for Revisionist(s) : Akanksha Srivastava, Tarkeshwar Mishra Counsel for Opposite Party(s) : Arun Mishra, G.A., Vijay Pratap Singh Smt Sunita Gupta And 2 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) an application under Section 127 Cr.P.C. before the trial court for enhancement of maintenance allowances. Learned AGA further submitted that at the time of passing of the impugned judgment, salary of the opposite party no.2 was almost Rs. 57000/- and the amount of maintenance Rs. 12000/- awarded in favor of the revisionists was reasonable and realistic and this Court while exercising its revisional powers under Section 397/401 Cr.P.C. calls for no interference. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists as well as learned A.G.A. and after perusal of record and order passed by the trial court dated 06.01.2023, it reflects from paragraph no. 15 of the impugned judgment, income of the opposite party no.2 was Rs. 57000/- and as per the guidelines issued by the Hon'ble Apex Court in Rajnesh v. Neha, (2021) 2 SCC 324 and Kulbhushan Kumar (Dr) v. Raj Kumari, (1970) 3 SCC 129, the Hon'ble Supreme Court has observed that the maintenance allowances can be granted up to the extent of 25% of the net income of the husband, which comes almost close to the amount awarded by the trial court. If the revisionists wants to get the amount of maintenance enhanced on the basis of changed circumstances as alleged by counsel for the revisionist that the income of the opposite party no. 2 has increased and the educational and other expenses of the minor children have also been increased. The revisionists have an ample opportunity to move an application under Section 127 Cr.P.C. before the trial court for enhancement. 7. Keeping in view of the law laid down by the Hon'ble Apex Court in Rajnesh v. Neha (supra) and Kulbhushan Kumar (Dr) v. Raj Kumari (supra), the amount of maintenance awarded by the trial court of Rs. 12000/- in total in favour of the revisionist nos. 1 to 3 is reasonable and realistic. 8. In view of the facts of the present case and in the considered opinion of this Court the impugned order does not suffer from any illegality or infirmity and calls for no interference by this Court. 9. This criminal revision is devoid of merit and is, accordingly, dismissed. October 13, 2025 Akbar CRLR No. 2859 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad