HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5516 of 2026 Court No. - 86 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Learned counsel for the revisionist submits that he has preferred the instant criminal revision with the relief which has been mentioned in the prayer clause of the revision. 2. The relief which has been mentioned in the prayer clause is delineated below:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the Criminal Revision and set aside Judgment and order dated 15.07.2026 passed by the Principal Judge, Family Court, Sambhal, in Case No. 192 of 2024 (Smt. Ruchi and another Vs. Krishan Kumar), Under Section 125 of Cr.P.C., Police Station Chandausi, District Sambhal, otherwise the Revisionist shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court be pleased to stay the effect and operation of the Judgment and order dated 15.07.2026 passed by the Principal Judge, Family Court, Sambhal, in Case No. 192 of 2024 (Smt. Ruchi and another Vs. Krishan Kumar), Under Section 125 of Cr.P.C., Police Station Chandausi District Sambhal, otherwise the Revisionist shall suffer irreparable loss and injury." 3. Learned counsel for the revisionist submits that the revisionist is a Government teacher and, as per his affidavit filed in the year 2025, the revisionist is getting a salary to the tune of Rs. 62,842/-. He further Versus Counsel for Revisionist(s) : Kharag Singh, Mahendra Pal Singh Gaur Counsel for Opposite Party(s) : G.A. Krishan Kumar .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) submits that there are certain voluntary deductions from the salary of the revisionist. Learned counsel for the revisionist further submits that the amount of maintenance to the tune of Rs. 16,000/- in total, granted to the wife and daughter, is not commensurate with the source of income of the revisionist-husband. Therefore, the impugned order may be modified or set aside. 4. Learned State Counsel, Shri Pankaj Kumar, submits that in the internal page of the impugned order dated 15.07.2026, it has been mentioned by the trial court that in March 2026, after deductions, the revisionist is getting a net salary to the tune of Rs. 64,019/-, therefore, having regard to the law laid down by the Hon'ble Supreme Court in Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury, AIR 2017 SC 2383, 25% of the salary may be considered as an appropriate amount towards maintenance. He further submits that Hon'ble Apex Court in Deepa Joshi Vs. Gaurav Joshi, 2026 SCC Online SC 597, has held that deductions made from the salary are for the benefit of the husband/revisionist and, therefore, cannot be taken into consideration for determining the amount of maintenance. He further submits that, in the present case, the trial court has already awarded maintenance equivalent to one-fourth of the revisionist's salary, therefore, no interference is required in the impugned order. 5. This Court, upon considering the submissions advanced by learned counsel for the parties and on perusal of the record, finds that the trial court, vide order dated 15.07.2026, has awarded maintenance to the wife and daughter equivalent to 25% of the net salary of the revisionist, keeping in view the law laid down by the Hon'ble Supreme Court in Kalyan Dey Chowdhury (supra). 6. This Court further finds that, the Hon'ble Supreme Court in Deepa Joshi (supra) has held that the deductions made from the salary of the revisionist/husband are for his own benefit and, therefore, such deductions cannot be taken into consideration for reducing the amount of maintenance payable to the wife. In the present case, the amount of maintenance awarded by the trial court is in accordance with the aforesaid principles laid down by the Hon'ble Supreme Court. CRLR No. 5516 of 2026 2 7. In view of the aforesaid facts and circumstances, this Court finds no illegality or perversity in the impugned order dated 15.07.2026 warranting interference by this Court at this stage, therefore, the impugned order does not require any interference. 8. Accordingly, the revision is dismissed. 9. The Principal Judge, Family Court, Sambhal is directed to pass an order directing the concerned higher educational authority/employer to deduct the amount of maintenance from the salary of the revisionist in compliance with the order dated 15.07.2026 and credit the same into the verified bank account of opposite party No. 2- wife. September 9, 2026 K.Tiwari CRLR No. 5516 of 2026 3 (Praveen Kumar Giri,J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad