Neutral Citation No. - 2025:AHC:80109 Court No. - 79 Case :- CRIMINAL REVISION No. - 3267 of 2024 Revisionist :- Smt. Nitesh Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Raj Kumar Gautam,Vimlesh Gautam Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as 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 judgment and order dated 24.05.2024 passed by the learned Principal Judge, Family Court, Hathras in Case No.356 of 2020 (CNR No.UPHT020008772020) (Smt. Nitesh Sharma and another vs. Amit Kumar Sharma), under Section 125 Cr.P.C. and also be pleased to kindly enhance the quantum of maintenance according to the income of husband Rs.30,000/- to revisionists as claimed by the revisionists in the aforesaid case and also be pleased to kindly direct the opposite party no.2 to provide accommodation/residential house to the revisionists in his own house. It is submitted by learned counsel for the revisionists that in this case revisionist no.1 is wedded wife and revisionist no.2 is minor daughter of the opposite party no.2. Further submitted that the learned trial court has fixed the amount of Rs.6000/- per month in favour of wife and Rs.7500/- per month in favour of minor daughter total Rs.13,500/- per month which is less than sufficient and disproportionate to the salary of the husband/opposite party no.2. Further submitted that the husband gets salary about Rs.70,000/- per month on the basis of which the aforesaid amount of maintenance is disproportionate. This fact was not taken into consideration by the learned trial court while fixing the amount of maintenance, therefore, requests to increase the amount of maintenance. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by the learned trial court, it appears that the revisionist nos.1 & 2 respectively are wedded wife and minor daughter of the opposite party no.2. There is salary slip showing net salary Rs.48,703/- per month on the basis of which the amount of maintenance has been fixed by the learned trial court in view of the observations made by the Hon'ble Supreme Court in the 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 alongwith in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324 in which the amount of maintenance may be to the extent of 25% of the net salary of the husband. The opposite party no.2 has admitted his gross salary Rs.60,635/- per month and net salary Rs.48,703/- per month in the year 2020. The amount of Rs.13,500/- per month fixed as the amount of maintenance in favour of wife and minor daughter is not more than 25% of the net salary of the husband. There appears no any illegality or impropriety in the order dated 24.05.2024 passed by the learned trial court, therefore, it does not warrant any interference by this Court. It is also to note that, if the income of the husband increases in future and the circumstances change, the revisionist/wife may have an option to move an application u/s 127 Cr.P.C. for enhancement of amount of maintenance before the learned trial court. Accordingly, this criminal revision disposed of finally at the admission stage itself. Order Date :- 15.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad