Neutral Citation No. - 2025:AHC:78331 Court No. - 79 Case :- CRIMINAL REVISION No. - 6009 of 2024 Revisionist :- Smt Diksha Jaisawal Opposite Party :- Shailesh Jaisawal @ Shipu Counsel for Revisionist :- Sanjeev Kumar Singh Hon'ble Subhash Chandra Sharma,J. 1. It is submitted by the learned counsel for the revisionist that in this case, an application under Section 125 Cr.P.C. was filed by the revisionist against Opposite Party, which was decided ex-parte by order dated 27.03.2023. Against that order, an application, under Section 126(2) Cr.P.C. was filed by Opposite Party, which was decided by order dated 30.09.2024 and order dated 27.03.2023 was set aside for cost Rs.10,000/-. The Application U/S 125 Cr.P.C. was filed in the year 2017 and decided in the year 2023 and again order was set aside but in the meantime, no amount of maintenance was paid by Opposite Party to the revisionist therefore, request to allow interim maintenance in favour of revisionist (wife). 2. Learned counsel for opposite party opposed the prayer and contended that the revisionist has an option to file an application before the Family Court. 3. Considering the facts and circumstances of the case, submissions made by the learned counsel for the revisionist as well as opposite party and material on record and the order passed by the learned Family Court dated 30.09.2024, it appears that an ex-parte order under Section 125 Cr.P.C. dated 27.03.2023 was set aside by the learned Family Court for cost Rs.10,000/-. in view of the provision contained under Section 126(2) Cr.P.C. There is no illegality or impropriety in the impugned order, therefore, it does not warrant any interference by this Court. So far as the prayer for interim maintenance is concerned, the revisionist is directed to move an application for interim maintenance before the learned trial court which shall be heard and decided by the learned trial court in accordance with law within a period of two months from the date of filing of the application. 4. Accordingly, this criminal revision is disposed of finally. Order Date :- 13.5.2025/SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad