HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5985 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. When the case is called out in the revised list, no one appears for opposite party no.2 despite the fact that notice has already been served upon her as per the office report dated 8th September, 2025. 2. Heard the learned counsel for the revisionist and the learned A.G.A. for the State as well as perused the material available on record. 3. This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist against the ex-parte judgment and order dated 20th September, 2024 passed by the Additional Principal Judge, Family Court, Court No. 13 of 2024 (Sadhana Devi @ Another Vs. Ravi Yadav), under Section 125 Cr.P.C., Police Station- Ekauna, District-Deoria whereby the trial court while allowing the instant application has directed the revisionist to pay Rs. 10,000/- per month to opposite party no.2 and Rs. 5,000/- per month to opposite party no.3 towards monthly maintenance allowance from the date of filing of the instant application. 4. On the matter being taken up, learned AGA has raised preliminary objection with regard to the maintainability of the present criminal revision by contending that the impugned judgment and order passed under Section 125 Cr.P.C.is an ex-parte judgment and the revisionist without availing his statutory remedy provided under Section 126(2) Cr.P.C. for the recalling the said ex-parte judgment, has approached this revisional Court directly for setting aside the said judgment. He, therefore, submit that the present criminal revision is liable to be dismissed. 5. Learned counsel for the revisionist could not dispute the above submissions. However, he prays that some time may be granted by this Court to the revisionist to avail his statutory remedy under Section 126 (2) Cr.P.C. 6. Under such circumstances, this criminal revision is disposed of on the Versus Counsel for Revisionist(s) : Balendu Kumar Singh, Vibhendu Mishra Counsel for Opposite Party(s) : G.A. Ravi Yadav .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) ground of availability of statutory remedy. 7. However, it is provided that in case, the revisionist files an application under Section 126 (2) Cr.P.C. for recall of the ex-parte judgment dated 5.10.2023 before the court below within four weeks from today along with certified copy of this order supported by such documents as he may be so advised, the same shall be considered and decided in accordance with law on merits, without raising any objection with regard to delay, if any, by means of reasoned and speaking order after affording opportunity of hearing to the parties preferably within period of two months thereafter, without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment. 8. It is clarified that the revisionist shall pay Rs. 5,000/- per month to opposite party no.2 and Rs. 2,500/- per month to opposite party no.3 towards monthly maintenance allowance till the final outcome of the proceedings under Section 126 (2) Cr.P.C. September 25, 2025 Sushil/- CRLR No. 5985 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad