Maintenance for dependents should be calculated as a fixed proportion (one-fourth) of the earning spouse's gross income and awarded from the date of application. Courts may direct employers to deduct these payments directly from the salary to ensure consistent and timely financial support.

JUDGMENT :

PRAVEEN KUMAR GIRI, J.

1. Heard Sri Uttam Singh, learned counsel for the revisionist, Sri Bhavesh Singh Jadaun, learned counsel for O.P. No.2 and Sri Pankaj Kumar, learned A.G.A. for the State.

2. Learned counsel for the revisionist submits that the instant criminal revision has been preferred with the relief which has been mentioned in the prayer clause. The relief mentioned in the prayer clause of the revision is delineated below:-

"The relief sought by the present Criminal Revision is that this Hon'ble Court may be pleased to set aside the interim maintenance Order dated 07.02.2025 passed by the Additional Principal Judge, Family Court, District Kanpur Dehat in Case No.97 of 2024 (Archana and another Vs. Amardeep) under Section 125 Cr.P.C. by which Ld. Principal Judge Family Court Kanpur Dehat has granted the interim maintenance Rs.1000/- per month to the only revisionist no.1 and nothing has been granted to the Minor Child Revisionist No.2 so enhance the interim maintenance in favor of the Revisionist No.1 Rs.15000/- in place of the Rs.1000/- per month and also grant the interim maintenance to the minor child revisionist no.2 Rs.5000/- per month from the date of the application during the pendency of the Application Under Section 125 Cr.P.C. or may further pass such other and further orders as this Hon'ble Court may deem fit in the facts and circumstances of the present case, in the interest of justice."

3. Learned counsel for the revisionist submits that O.P. No.2/husband is working as an Assistant Teacher in a government school and getting salary about Rs.1 lakh. He further submits that as per law laid down by the Hon'ble Supreme Court in the case of Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy , AIR 2017 SC 2383, 1/4^th of the income of the husband has to be granted to the wife as maintenance amount but vide impugned order dated 07.02.2025 only Rs.1000/- as interim maintenance amount has been granted to the wife/revisionist no.1 whereas no amount of interim maintenance for minor son/revisionist no.2 has been granted. He further submits that as per the provisions of Section 125(2) Cr.P.C., amount of maintenance or interim maintenance may be granted by passing order on the application under Section 125 Cr.P.C. either from the date of application or from the date of order. The relevant provision of Section 125(2) is being delineated below :-

"125(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be."

4. Learned counsel for the revisionist further submits that as per paragraphs 89, 91 and 93 of the judgment passed by Hon'ble Supreme Court in the matter of Rajnesh vs. Neha and another , (2021) 2 Supreme Court Cases 324, the amount of maintenance shall be granted from the date of application. Paragraphs 89, 91 and 93 of Rajnesh's case (supra) are being delineated below :-

"89 . Even though a judicial discretion is conferred upon the Court to grant maintenance either from the date of application or from the date of the order in Section 125(2) Code of Criminal Procedure, it would be appropriate to grant maintenance from the date of application in all cases, including Section 125 Code of Criminal Procedure In the practical working of the provisions relating to maintenance, we find that there is significant delay in disposal of the applications for interim maintenance for years on end. It would therefore be in the interests of justice and fair play that ma