Neutral Citation No. - 2025:AHC:50452 Court No. - 79 Case :- CRIMINAL REVISION No. - 2290 of 2024 Revisionist :- Rajni Bharti And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Satish Kumar,Subhash Chandra Mishra Counsel for Opposite Party :- G.A.,Shivam Kumar Modanwal Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionists, 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 set aside the judgment and order dated 27.02.2024 passed by the learned Additional Principal Judge, Family Court no. 1, Mau in Case No. 181 of 2020 (Rajani Bharati and others Vs. Kamlesh Ratan) under Section 125 Cr.P.C., Police Station Sarailakhansi, District Mau and furthermore prayed to enhance the maintenance Rs. 3000/- each revisionists from the date of application dated 20.02.2020, during the pendency of this revision. It is submitted by learned counsel for the revisionists that in this case the revisionist no. 1 is wife of opposite party no. 2 and revisionist nos. 2 and 3 are minor son and daughter. It is further submitted that admittedly the opposite party no. 2 is a government employee and is working on the post of Auditor since 23.09.2014 and gets salary about Rs. 59,015/- per month as per bank statement. It is also submitted that the opposite party no. 2 has admitted the fact before the learned trial court at the time of his examination that he gets salary Rs. 50,000/- per month. It is also submitted that the learned trial court has passed the order dated 27.02.2024 in favour of revisionists and allowed the amount of maintenance i.e. Rs. 3000/- per month to the wife and Rs. 2000/- each for son and daughter which is very meager and cannot be said to be proportionate to the income of the opposite party no. 2 and also the status of wife who is an unemployed lady and has no any earning though the opposite party has made statement in his examination that the revisionist no. 1/wife teaches in a school but there is no any material on record to support this fact. The learned trial court has also found that she does not make any income herself. Even though the learned trial court had decided the amount of maintenance without applying its judicial mind. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the amount as fixed by the learned trial court cannot be said to be meager but it is sufficient for the maintenance of wife and two children. 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. and perusal of material on record and the order passed by the learned trial court dated 27.02.2024 and the statement of bank relating to salary of the opposite party no. 2, it appears that he gets Rs. 59,015/- per month as salary and out of which Rs. 3,000/- per month to the wife and Rs. 2000/- each for two minor children cannot be said to be sufficient and proportionate to the income of the husband/opposite party. The children were aged about 6 and 4 years at the time of application i.e. in the year 2020 and now they are 10 years and 8 years old respectively. In considered opinion of this Court and the law laid down by the Apex Court in the case of Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 324 and Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy on 19 April, 2017 AIR 2017 Supreme Court 2383, this Court is of the considered opinion that the amount of Rs. 14,000/- per month be paid to the wife and Rs. 5,000/- per month be paid to each children which will be sufficient and proportionate to the income of opposite party no. 2 for maintenance of the revisionists. Accordingly, this criminal revision is allowed and the amount of maintenance is increased to Rs. 14,000/- in the place of 3,000/- per month to the wife and Rs. 5,000/- per month for each children in the place of Rs. 2000/- per month for each children. The amount of maintenance shall be paid in terms of the order passed by the learned trial court dated 27.02.2024. Order Date :- 8.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad