Neutral Citation No. - 2025:AHC:68683 Court No. - 79 Case :- CRIMINAL REVISION No. - 3260 of 2024 Revisionist :- Rohit Awasthi Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Rakesh Dubey Counsel for Opposite Party :- Anurag Shukla,G.A. 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 allow the revision and to set aside the impugned order dated 29.03.2024 passed by Principal Judge, Family Court, Etawah in Criminal Case No.147/2020 (Smt. Kirti vs. Rohit Awasthi) under Section 125 Cr.P.C. whereby the application for maintenance preferred by the opposite party no.2 is allowed and granted maintenance of Rs.25,000/- per month from the date of order. From the very outset, learned counsel for the revisionist submitted that he does not want to make arguments on the merit of the case but limits his argument to the quantum of maintenance. It is submitted by learned counsel for the revisionist that in this case the revisionist is husband of opposite party no.2 who is living separate from him and filed an application u/s 125 Cr.P.C. for maintenance which was allowed by the learned trial court by order dated 29.03.2024 fixing the amount of Rs.25,000/- per month from the date of order. Further submits that the revisionist is Manager in Indian Bank, Lakhimpur Kheri and gets salary Rs.101628/- as per the salary slip for the month of February, 2024. The total deductions are Rs.47,346/- including the vehicle loan and overdraft loan of Rs.13,100/-. The net salary after necessary deductions and excluding the amount for vehicle loan and overdraft loan comes to Rs.67,412/-. In the light of judgment passed by the Hon'ble Supreme Court in case of Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129 and followed in the case of Kalyan Dey Chowdhary vs. Rita Dey Chowdhary Nee Nandy on 19 April, 2017 AIR 2017 Supreme Court 2383 the amount of maintenance may be to the extent of 25% of the net salary of the husband. In this way, the learned trial court has fixed the amount of maintenance Rs.25,000/- per month though the gross income of the revisionist is Rs.90,928/- and net income is Rs.60,838/-. The amount so fixed by the learned trial court is disproportionate to the net salary of the husband, therefore, request to reduce the amount of maintenance to the extent of amount as decided by the Hon'ble Supreme Court in the aforesaid cases. Learned counsel for the opposite party acceded the gross income and net salary of the revisionist/husband as per the salary slip for month of February, 2024 and could not dispute the legal position as held by the Hon'ble Supreme Court in the aforesaid cases. Since learned counsel for the revisionist limits his argument to the quantum of maintenance as fixed by the learned trial court, therefore, I limit myself to the extent of quantum of maintenance only. As the Hon'ble Supreme Court in the aforesaid cases has held that the amount of maintenance to the wife may be to the extent of 25% of the net salary of the husband, therefore, as per the salary slip for the month of February, 2024, the gross salary comes to Rs.1,01,628/- per month and net salary Rs.67,412/- per month as admitted by the learned counsel for both the parties. The 25% of the net salary of the husband shall be fixed as the amount of maintenance in favour of the wife ie. Rs.16853/- per month when rounded of it comes to Rs.17,000/- per month and this will be the amount payable to the wife as maintenance. As per the direction given in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324 by the Hon'ble Supreme Court, the amount of maintenance shall be payable from the date of application and the amount, if any, paid by the husband to the wife as interim maintenance or in any other case as maintenance shall be subject to the adjustment in the final amount of maintenance. Accordingly, this criminal revision is partly allowed and the order dated 29.03.2024 is modified to Rs.17,000/- per month from the date of application on the place of Rs.25,000/- per month from the date of order in terms of order passed by the learned trial court dated 29.03.2024. Order Date :- 1.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad