Neutral Citation No. - 2025:AHC:76718 Court No. - 79 Case :- CRIMINAL REVISION No. - 3050 of 2024 Revisionist :- Rashid Ali Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Pankaj Satsangi Counsel for Opposite Party :- Anil Kumar,G.A.,Mohit Singh Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party no.2 alongwith learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to set aside/quash the order dated 23.05.2024 passed by the learned Principal Judge, Family Court, Sambhal at Chandausi (Smt. Shabnam and another vs. Rashid Ali) in Case No.433 of 2020, under Section 125 Cr.P.C., Police Station Kudh Fatehgarh, District Sambhal. Learned counsel for the revisionist limited his arguments to the extent of making adjustment of the amount of interim maintenance received by the wife in case u/s 12 Protection of Women from Domestic Violence Act registered as Case No.2317/2022 order dated 20.01.2023 the amount of maintenance Rs.5000/- per month in favour of wife and Rs.2500/- per month in favour of minor child total Rs.7500/- per month in the amount awarded by the learned trial court in an application u/s 125 Cr.P.C. by order dated 23.05.2024 by which Rs.10,000/- in favour of wife and Rs.5000/- in favour of minor child total Rs.15,000/- has been fixed as the amount of monthly maintenance. Learned counsel for the opposite party no.2 objected the prayer as aforesaid and contended that learned trial court has fixed the amount of Rs.7500/- per month as interim maintenance in complaint case u/s 23 of Protection of Women from Domestic Violence Act and in the present case the total amount of maintenance Rs.15,000/- has been fixed keeping in account the amount of interim maintenance in the aforesaid case. Since, it was disclosed by the revisionist himself in the present case as is apparent in para no.3 of the judgment but the learned trial court did not adjust the amount as being not adjustable, therefore, he can not say that the amount of maintenance if received in several cases is subject to adjustment. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record, the order dated 23.05.2024 passed by the learned trial court in the present case and order dated 20.01.2023 passed in case under Section 23 in Complaint Case No.2317 of 2023 by which Rs.7500/- per month has been fixed as amount of maintenance, it appears that the learned trial court has fixed the amount of maintenance in two cases and the fact of interim maintenance was also brought into the notice of the learned trial court by the revisionist in the present case but it was not directed to be adjusted in the present amount of maintenance which can be said to be in violation of direction passed by the Hon'ble Supreme Court in Rajnesh vs. Neha and nother (2021) 2 SCC 324. In view of observations made by the Hon'ble Supreme Court, if the wife is getting maintenance in several cases the smaller amount is subject to adjustment in the larger amount. Accordingly, this criminal revision is disposed of with direction that the amount of interim maintenance Rs.5000/- per month in favour of wife and Rs.2500/- per month in favour of minor child total Rs.7500/- shall be subject to adjustment in the present amount of maintenance i.e. Rs.10,000/- per month in favour of wife and Rs.5000/- per month in favour of minor child total Rs.15,000/- per month from the date of order i.e. 23.05.2024. Order Date :- 12.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad