HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5661 of 2026 Court No. - 86 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard Sri Utsav, learned counsel for the revisionist, and learned AGA for the State. 2. Learned counsel for the revisionist submits that the present criminal revision has been filed seeking the relief as mentioned in the prayer clause. The prayer clause is delineated below:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased allow the instant revision by calling of record and modify the impugned order dated 09.06.2026, passed by Principal Judge, Family Court, Prayagraj, in Maintenance Case No.1163 of 2022 (Shalu Bachchan @ Komal Vs. Kunwar Rudresh@ Ravi) under Section 125 of Cr.P.C. to the extent of quantum of interim maintenance and enhance the interim maintenance amount awarded to the Revisionist Rs.8,000/- per month to just, fair and reasonable amount according to the income and paying capacity of the Opposite Party No.2, as the amount of Rs.15,000/- was earlier awarded to the revisionist by the learned Principal Judge, Family Court, Prayagraj vide its judgment and order dated 16.04.2024 in Maintenance Case No.1163 of 2022 (Shalu Bachchan @ Komal Vs. Kunwar Rudresh @ Ravi). It is, further most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Opposite Party No.2 to pay arrears of enhanced maintenance to the revisionist from the date of institution of maintenance case along with interest." Versus Counsel for Revisionist(s) : Utsav Counsel for Opposite Party(s) : G.A. Shalu Bachchan @ Komal .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 3. Learned counsel for the revisionist further submits that by an ex parte order dated 16.04.2024, maintenance of Rs.15,000/- per month was directed to be paid to the revisionist-wife by opposite party No.2-husband. He further submits that the husband-opposite party No.2 filed an application under Section 126(2) Cr.P.C./145(2) BNSS for recalling the said ex parte order. The same was recalled at the cost of Rs.50,000/- and thereafter, the proceedings were initiated afresh and interim maintenance of Rs.8,000/- per month was awarded vide impugned order dated 09.06.2026. 4. It is further submitted that the salary of opposite party No.2 is Rs.69,000/- per month and he is working as a Senior Clerk in the Sales Tax Department, Government of Uttar Pradesh. Therefore, the amount of interim maintenance awarded by the impugned order is not commensurate with the income of opposite party No.2 and the principles laid down by Hon'ble the Supreme Court in Dr. Kulbhushan Kumar Vs. Raj Kumari, 1970 (3) SCC 129, Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury, AIR 2017 SC 2383 and Rajnesh Vs. Neha and others, (2021) 2 SCC 324. He further submits that at least 25% of the salary of opposite party No.2 may be awarded towards maintenance, in view of the law laid down by Hon'ble the Supreme Court. 5. Learned counsel for the revisionist further submits that the application for maintenance is yet to be finally decided and, therefore, the learned Trial Court may be directed to decide the same finally, as expeditiously as possible, preferably within a period of six months, after providing adequate opportunity of hearing to both the parties. 6. In view of the above submission, the learned Trial Court is directed to decide the pending application for maintenance finally, in accordance with law as well as the law laid down by Hon'ble the Supreme Court in Rajnesh Vs. Neha and others, (2021) 2 SCC 324, as early as possible preferably within a period of six months, after affording adequate opportunity of hearing to both the parties and without granting unnecessary adjournments. 7. The learned Trial Court is also directed to pass an appropriate order CRLR No. 5661 of 2026 2 directing the concerned authority of the husband-opposite party No.2, to deduct the amount of interim maintenance from the salary of the husband and credit the same directly into the verified bank account of the revisionist-wife. 8. With the above observations, this revision is disposed of. September 14, 2026 DKS CRLR No. 5661 of 2026 3 (Praveen Kumar Giri,J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad