Neutral Citation No. - 2025:AHC:86429 Court No. - 79 Case :- CRIMINAL REVISION No. - 5006 of 2024 Revisionist :- Smt. Kavita Alias Mithlesh And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Lovekush Kumar Mishra Counsel for Opposite Party :- G.A.,Manish Yadav Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for both the parties as well as learned A.G.A. and perused the record. This criminal revision has been filed by the revisionists with prayer to set aside the order dated 28.06.2024 passed by the learned Additional Principal Judge, Family Court no. 1, Agra in Case No. 737 of 2023 (Vishnu Nagar Vs. Smt. Kavita @ Mithilesh) proceeding under Section 126(2) Cr.P.C., Police Station Kheragarh, District Agra whereby allow the application u/s 126(2) Cr.P.C. filed by opposite party no. 2 and also awarded 50% amount of maintenance according to order dated 24.09.2021 in favour of revisionist no. 1 within three months.. It is submitted by learned counsel for the revisionist that in this case, an application u/s 125 Cr.P.C. was filed by her for maintenance to herself and Revisionist No.2 minor son against opposite party no. 2, who is husband of Revisionist No.1 and father of Revisionist No.2, which was decided ex-parte against which the opposite party no. 2 filed an application u/s 482 Cr.P.C. before this Court which was dismissed as withdrawn and application u/s 126(2) Cr.P.C. was filed before the learned trial court to set aside the order passed ex-parte which was allowed on 28.06.2024 and ex-parte order dated 24.09.2021 was set aside. Further submitted that opposite party no. 2 avoided the proceedings of the case under Section 125 Cr.P.C. even after notice. He did not file any application u/s 126(2) Cr.P.C. even after knowledge but during the course of recovery when he was brought by the police to the court he filed an application u/s 482 Cr.P.C. after delay. It is also submitted that while passing the order dated 28.06.2024 learned trial court has not directed to make payment of any interim maintenance in favour of wife. The learned trial court has not considered all these fact and allowed the application u/s 126(2) Cr.P.C. in terms of payment of 50 % of amount of maintenance awarded by it in the case under Section 125 Cr.P.C. which cannot be said to be lawful, therefore, request to set it aside and allow the revision. Learned counsel for opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case, due to wrong advice of counsel, he has filed an application u/s 482 Cr.P.C. before this Court that was reason it was dismissed as withdrawn and an application u/s 126(2) Cr.P.C was filed before the learned trial court. He had no notice of proceedings under Section 125 Cr.P.C. as and when he came to know about the ex-parte order, he has filed an application as aforesaid and then under Section 126(2) Cr.P.C. Learned trial court has considered all the facts and then passed the order dated 28.06.2024 setting aside the ex-parte order dated 24.09.2021 and 50 % amount of maintenance as fixed by the learned trial court was also directed to be paid as precondition which he has already paid. Further contended that the opposite party no. 2 be also given an opportunity of hearing before passing any order on an application u/s 125 Cr.P.C. The learned trial court has committed no any error in passing the order in question but this revision being devoid of merit, is liable to be dismissed. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. perusal of record and order passed by learned trial court, it appears that the learned trial court has given opportunity of hearing to the opposite party no. 2 also in the proceedings under Section 125 Cr.P.C. by setting aside the ex-parte order dated 24.09.2021 passed by it. In the interest of justice, it is necessary to give an opportunity of hearing to the opposite party concerned also. The learned trial court has also directed to make payment of 50 % of amount of maintenance to the revisionist which has already been paid by the opposite party no. 2 as stated by learned counsel. In this way, there appears no any illegality or error in the order passed by learned trial court and did not warrant interference by this Court. However, during the pendency of application u/s 125 Cr.P.C. the opposite party no. 2 is directed to make payment of interim maintenance to the wife and minor son at the rate of Rs. 5000/- per month in favour of wife and Rs. 2000/- in favour of minor child from the date of order in this revision and this amount shall be subject to adjustment in the final amount of maintenance if awarded by the learned trial court. Accordingly, the present revision is disposed of finally. Learned trial court is directed to decide the application as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties. Order Date :- 22.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad