Neutral Citation No. - 2025:AHC:65138 Court No. - 79 Case :- CRIMINAL REVISION No. - 4027 of 2024 Revisionist :- Amar Anand Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kamesh Kumar Arya Counsel for Opposite Party :- Arun Kumar Maurya,G.A.,Santosh Kumar Pandey Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the parties as well as learned A.G.A. and perused the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 12.07.2024 passed by the learned Principal Judge, Family Court, Sambhal at Chandausi in Criminal Appeal No. 19 of 2020 (Smt. Rajani Vs. Amar Anand), under Section 125 Cr.P.C., Police Station Kudhfatehgarh, District Sambhal. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is second wife of the revisionist who is living separate from him without any reasonable excuse and filed an application u/s 125 Cr.P.C. which was allowed by the learned court vide order dated 12.7.2024 fixing the amount of maintenance Rs. 20,000/- per month from the date of order and Rs. 10,000/- from the date of application to the date of order. Further submitted that the revisionist is an employee (fitter) in Indian Railway and gets salary that is about Rs. 48,000/- per month out of which Rs. 20,000/- as maintenance is excessive and in proportionate, therefore, order passed by the learned trial court cannot be said to be lawful and appropriate and is liable to be set aside and amount of maintenance is to be reduced. Learned counsel for the opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case, due to neglect of revisionist, the opposite party no. 2 is living separate from him and is not able to maintain herself. The revisionist is husband of opposite party no. 2 and is under legal obligation to maintain her. He further contended that the affidavit regarding compromise between husband and wife is totally false in which photo and signature of the opposite party no. 2 are false. The amount of Rs. 20,000/- from the salary of the revisionist cannot be said to be in excess since he is getting salary about Rs. 50,000/- per month and also making earning from other sources. 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, the order passed by the learned trial court dated 12.07.2024, it appears that the opposite party no. 2 is wife of the revisionist who is living separate from him due to his neglect. She is unable to maintain herself, since she is unemployed and there is nothing on record to show that she is making income. On the other hand, the revisionist is employed in Railway and form-16 from his Department shows that his gross income is Rs. 8,83,378/- yearly and after deduction it is Rs. 6,17,890 out of which Tax Liability is Rs. 37,521 the net annual salary comes to Rs. 5,80,379, when divided into months it is about Rs. 48,000/- per month. In view of observation made by Hon'ble Supreme Court in the case of Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 324; Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy AIR 2017 Supreme Court 2383 and Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129 the maintenance amount can be fixed to the extent of 25% of the net salary of the husband. Accordingly, the amount of maintenance Rs. 20,000/- is in excess and not in proportion to the income of the husband and the observation made by the Hon'ble Supreme Court in aforesaid case, therefore, it is liable to be reduced. The amount of maintenance Rs. 20,000/- is reduced to the extent of Rs. 12,000/- from the date of order and from the date of application to the date of order, the amount of Rs. 10,000/- per month as fixed by learned trial court will remain the same. The aforesaid amount will be payable in terms of order passed by learned trial court dated 12.07.2024. Accordingly, the present revision is partly allowed and the amount of maintenance is modified as aforesaid. Order Date :- 28.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad