Neutral Citation No. - 2025:AHC:76899 Court No. - 79 Case :- CRIMINAL REVISION No. - 4185 of 2024 Revisionist :- Yashwant Singh Solanki Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashish Goyal Counsel for Opposite Party :- Ashutosh Pandey,G.A. Hon'ble Subhash Chandra Sharma,J. 1. Heard Sri Ashish Goyal, learned counsel for the revisionist as well as Sri Ashutosh Pandey, learned counsel for opposite party No.2 as well as learned A.G.A for the State and perused the record. 2. This Crl. Revision has been filed by the revisionist with a prayer to allow the criminal revision and set aside the order dated 12.07.2024 passed by learned Additional Principal Judge, Family Court, Agra, in Case No. 963 of 2018 (Smt. Rakhi vs. Yashwant Singh Solanki), under section 125 Cr.P.C., Police Station Sikandara, District, Agra. 3. It is submitted by learned counsel for the revisionist that in this case the wife/opposite party no. 2 is living separately from him without any sufficient cause. He further submits that marriage between the revisionist and opposite party no. 2 was performed in the year 2016. Thereafter, some controversies arose between the parties as a result wife left the house of the husband and went to live in her maika since 2017. The revisionist is a Teacher and gets a salary of Rs. 65,985/-, out of which Rs. 15,000/- per month as maintenance has been fixed by the learned trial court by order dated 12.07.2024 and from the date of application to the date of order, Rs. 10,000/- per month. He further submits that the amount so fixed from the date of order is excessive and beyond paying capacity of the revisionist since he has other liabilities to discharge like maintenance of his parents, brothers and sisters. He also submits that in other cases he has paid amount of maintenance to the wife but that amount has not been subjected to adjustment in the present amount by the learned trial court, therefore, request to set aside the order passed by the learned trial court and reduce the amount of maintenance in the instant case. 4. Learned counsel for the opposite party no. 2 opposed the prayer and contended that opposite party no. 2 is living separately from the revisionist with sufficient cause as he ill treated her that was the reason she went to her maika and is living there. He further contends that a case for divorce was filed by the husband- revisionist and decree of divorce was passed by the learned court, which also shows that there was neglect on his part. The revisionist has not paid any amount to the opposite party no. 2 and neglected her to maintain that was the reason the present application was filed. The amount fixed for maintenance is not more than 1/4th of the salary of the husband, therefore, it cannot be said to be excessive. As per observation made by the Apex Court in the case of Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129, the amount of maintenance to the wife may extend to 25% of net salary of the husband. 5. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and perusal of material on record, the order passed by learned trial court dated 12.07.2024, it appears that opposite party no. 2 is wedded wife of the revisionist and living separately from him due to misbehaviour on his part. As per submission made by learned counsel for the revisionist decree of divorce has been passed by the competent court but it does not waive the right of maintenance of the wife. Since he is teacher and gets salary of Rs. 65,985/- as per salary slip mentioned in the judgment by the learned court, the amount of Rs. 15,000/- per month as maintenance from the date of order cannot be said to be 1/4th of the total salary. Likewise 10,000/- from the date of application to the date of order can also not be said to be excessive. In this way, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court. 6. So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it shall be divided into 24 equal installments payable with the current amount of maintenance month to month. 7. The instant revision is disposed of, accordingly. Order Date :- 12.5.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad