Neutral Citation No. - 2025:AHC:121326 Court No. - 84 Case :- CRIMINAL REVISION No. - 2294 of 2025 Revisionist :- Manish Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kulveer Singh,Sarita Singh Counsel for Opposite Party :- Adesh Kumar,Akhileshwar Pratap Singh,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for both the parties, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 06.03.2025 passed by the learned Additional Principal Judge, Family Court, Court No. 1, Muzaffar Nagar in Case No. 454/11 of 2023 (Smt. Bharti Vs. Manish Kumar), under Section 125 Cr.P.C., Police Station Khatauli, District Muzaffar Nagar. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife who is living separate from him and filed an application under Section 125 Cr.P.C. which was decided by the learned trial court vide order dated 6.3.2025 fixing the amount of maintenance Rs. 15,000/- per month from the date of application. Further submitted that the revisionist is an employee in U.P. Power Corporation and gross salary is Rs. 46,452/- and after deduction net salary is Rs. 41,767/- out of which the amount of maintenance may be to the extent of 25% as observed by Hon'ble Apex Court in the case of Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129. The learned trial court has fixed the amount of maintenance erroneously, therefore, request to reduce the amount and set aside the order passed by learned trial court. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that the wife is living separate from the husband due to his neglect. She remains ill and no any amount is being given by the husband for her treatment even the amount of arrears has also not been paid by the revisionist. There is no any other liability on the revisionist, since his mother is Government Teacher and gets salary, therefore, Rs. 15,000/- per month as fixed in favour of wife cannot be said to be more than sufficient or disproportionate. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. perusal of record and order passed by learned trial court dated 06.03.2025, it appears that the wife is living separate from the husband due to neglect on his part and revisionist is an employee in U.P. Power Corporation and his gross salary is Rs. 46,452/- and net salary is Rs. 41,767/- as per salary slip dated 10.09.2023. Now in the year 2025 increase in salary of the revisionist is certain. The learned trial court has fixed the amount Rs. 15,000/- per month as maintenance that is more than 25% of the net salary of the husband as observed by the Hon'ble Apex Court in the case of Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129. Accordingly, the amount of maintenance Rs. 15,000/- is in excess and not in proportion to the income of the husband and the observation made by the Hon'ble Supreme Court in the aforesaid case, therefore, it is liable to be reduced. In considered opinion of this Court the amount of maintenanc is reduced to Rs. 12,000/- per month on the place of Rs. 15,000/- payable from the date of application. Accordingly, the present revision is partly allowed and the amount of maintenance is reduced to Rs. 12,000/- per month from the date of application, on the place of Rs. 15,000/-. Order Date :- 24.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad