Neutral Citation No. - 2025:AHC:106752 Court No. - 84 Case :- CRIMINAL REVISION No. - 6351 of 2024 Revisionist :- Anil Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 17.09.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 4, Kanpur Nagar in Case No. 329 of 2022 (Smt. Pooja Yadav Vs. Anil Kumar Yadav) under Section 125 Cr.P.C., Police Station Kalyanpur, District Kanpur Nagar whereby the learned trial court allowed ex-parte the aforesaid maintenance application and directed the revisionist to pay a sum of Rs. 8000/- per month. It is submitted by learned counsel for the revisionist that in this case, opposite party no. 2 is wife of revisionist and living apart from him without any sufficient cause. She filed application under Section 125 Cr.P.C. for maintenance which was decided ex-parte fixing the amount Rs. 8000/- per month as maintenance against him. Further submitted that he works as laborer and has no such income to make payment of amount of maintenance as fixed by the learned trial court, therefore, request to set aside the order passed by the learned trial court dated 17.09.2024 and allow the revision and to direct the learned court to decide the application u/s 125 Cr.P.C. after giving opportunity of hearing to the revisionist also. Learned A.G.A. opposed the prayer as aforesaid. Considering the submissions made by the learned counsel for the revisionist as well as learned A.G.A. perusal of record, order passed by learned trial court, it appears that on account of absence of the revisionist despite service of notice, case was proceeded ex- parte and order dated 17.09.2024 was passed fixing the amount of maintenance Rs. 8000/- per month in favor of wife. In considered opinion of this Court, since the opportunity of hearing could not be available to the revisionist though such opportunity is to be given then the amount of maintenance is to be decided. In this regard, the revisionist has an option to move an application under Section 126(2) Cr.P.C. before the learned trial court mentioning the cause of his absence and learned trial court will pass appropriate order after hearing the revisionist on his application and also to the opposite party. Accordingly, the present revision is disposed of. Order Date :- 8.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad