Neutral Citation No. - 2025:AHC:48119 Court No. - 79 Case :- CRIMINAL REVISION No. - 5215 of 2023 Revisionist :- Smt. Geeta Patel Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ambrish Kumar Pandey Counsel for Opposite Party :- G.A.,Ram Murti Tripathi Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for opposite party as well as learned A.G.A for the State and perused the record. This Crl. Revision has been filed by the revisionist against the opposite party No.2 against the order dated 07.07. 2023 passed by the learned Special Judge, Family Court, Chitrakoot in Case No. 103 of 2021, under section 125 Cr.P.C and awarding the amount of maintenance Rs.18000/- per month. It is submitted by the learned counsel for the revisionist- wife that the opposite party No.2 is working as additional collector and Gross salary is Rs.1,20, 416/- and after deduction of Rs. 16,500/- net salary become Rs.103,916/-. The learned trial court has awarded the amount of maintenance of Rs.18000/- which cannot be said to be sufficient for her maintenance, in view of status of the parties. As per judgement of Hon'be Supreme Court in the case of Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy 2017 AIR (S.C) 2383, the ideal amount of maintenance is 25% of husband's net salary. It is also submitted that when an application under section 125 Cr.P.C was decided, there was other application of divorce petition pending before the learned trial court in which Rs.10,000/- was given as interim maintenance and that amount was also taken into consideration by the learned trial court while awarding maintenance and the amount was fixed at Rs.18000/-. Later on, the case for divorce was dismissed and the order for interim maintenance i.e Rs.10000/- came to an end and is now receiving Rs.18,000/- only, therefore, request to increase the amount of maintenance to the extent of 25% of net salary of opposite party No.2. Since this fact was not taken into consideration by the learned trial court at the time of passing of this order, therefore, there is illegality in the order. As a result, it is to be set aside and the amount of maintenance be increased to the extent of 25% of net salary. Learned counsel for opposite party No.2 as well as learned A.G.A for the State opposed the prayer as aforesaid and contended that in this case the learned trial court has determined the amount of Rs.18000/- per month since she was getting Rs.10,000/- as interim maintenance in the case related to the divorce petition. Now the divorce petition has been dismissed and she is getting Rs.18,000/- per month which is sufficient for her maintenance. There are some other liabilities to the opposite party No.2, therefore, he is not in a position to make payment of increased amount of maintenance. The learned trial court did not commit any error in passing the order at that time but this revision being devoid of merit is liable to be dismissed. On considering the facts and circumstances of the case, submissions made by the learned counsel for both the parties, perusal on record and the order passed by the learned trial court, it appears that the revisionist and the opposite party No.2 are husband and wife and the wife is living separate from her husband on account of his neglect. The opposite party No.2 is also not maintaining her. Admittedly, he is Additional Collector posted in Anooppur, M.P and his salary slip shows that his gross salary is Rs.1,20,416/- and after deduction of Rs.16,500/- net salary comes to Rs. 1,03,916/-. There is dispute regarding determination of amount of maintenance only, therefore, in view of observation made by Hon'ble Supreme Court in the case of (Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy AIR 2017 (S.C) 2383), the ideal amount of maintenance to the wife may be 25% of husband's net salary, therefore, the amount of maintenance of Rs.18,000/- per month cannot be said to be just and proper but it must be Rs.26,000/- per month.. Accordingly, this revision is partly allowed and the amount of monthly maintenance is increased to Rs.26000/-. Order Date :- 4.4.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad