HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4557 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and set-aside the impugned order dated 18.06.2025 passed by learned court of Session Judge, Bareilly in Criminal Appeal No. 36(45) of 2025 (Mushahid Vs. State of U.P. and another) as well as order dated 04.10.2024 passed by the court of Judicial Magistrate First Anwala, District, Bareilly in Complaint Case No. 53 of 2023 (Smt. Anjum Vs. Mushahid and others) under Section 12 of Domestic Violence Act filed by the opposite party no. 2 against the revisionist and further prays to stay the effect and operation of the aforesaid orders. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife who is living separate from him with minor daughter namely Shifa. He further submits that an application under Section 125 Cr.P.C. was filed by the wife for maintenance which was allowed ex- parte by the learned trial court dated 14.03.2022 fixing the amount of maintenance Rs. 2,000/- per month in favour of wife and Rs. 1,500/- per month in favour of minor daughter, total Rs. 3,500/- per month. Later on she moved a complaint under Section 12 of Protection of Women from Domestic Violence Act with an application under Section 23(1) for interim maintenance which was decided by the learned trial court by order dated 04.10.2024 fixing the amount of interim maintenance Rs. 3,000/- per month in favour of wife and Rs. 2,000/- per month in favour of minor daughter, Versus Counsel for Revisionist(s) : Vijai Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mushahid .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) total Rs. 5,000/- per month. He further submits that since the revisionist is making regular payment of amount of maintenance as directed by the learned court in application under Section 125 Cr.P.C. by order dated 14.03.2022 and again present order has been passed for interim maintenance in favour of wife and minor daughter that cannot be said to be lawful. Against this order he filed an appeal before the learned court of Sessions it was also dismissed by order dated 18.06.2025. He further submits that as per observation made by the Hon'ble Supreme Court in Rajnesh Vs. Neha case that though there is no bar on fixing the amount of maintenance in applications under various laws but the amount of maintenance is subject to adjustment, the smaller amount is to be adjusted in the larger amount. This principle of law was also not considered by the learned trial court or even the learned Appellate court while passing the orders. Learned A.G.A. opposed the prayer as aforesaid but could not dispute the law as laid down by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha (2021) 2 SCC 324 that the smaller amount shall be adjusted in the larger amount. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the orders passed by the learned trial court as well as the learned Appellate court, the order passed under Section 125 Cr.P.C. fixing the amount of maintenance in favour of wife and minor child cannot be a bar to allow the application for interim maintenance in a complaint under Section 12 of Protection of Women from Domestic Violence Act as observed by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha (Supra) and the amount fixed for maintenance in several cases is subject to adjustment, therefore, it is expedient to direct the revisionist to approach the learned trial court and move an application within a period of 30 days from today for adjustment of the amount of maintenance in the aforesaid cases and the learned trial court will also pass appropriate order after giving opportunity of hearing to both the parties. Accordingly, this criminal revision is disposed of finally. September 24, 2025 Suraj Srivastav CRLR No. 4557 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad