Neutral Citation No. - 2025:AHC:114750 Court No. - 84 Case :- CRIMINAL REVISION No. - 6366 of 2024 Revisionist :- Om Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Krishna Dutt Awasthi 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 material on record. The present criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 03.10.2024 passed by the learned Principal Judge, Family Court, Auraiya in Case No. 248 of 2024 (Smt. Priti and another Vs. Om Singh) under Section 125 Cr.P.C., Police Station Ajitmal, District Auraiya and also stay the effect and operation of the aforesaid order during pendency of the present revision. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife and opposite party no. 3 is minor daughter who filed an application under Section 125 Cr.P.C. before the learned trial court and it was decided ex-parte by order dated 03.10.2024 without giving an opportunity of hearing to him, therefore, request to set aside the ex-parte order passed by the learned trial court and allow the revision. Learned A.G.A. for the State opposed the prayer as aforesaid and contended that in this case against the ex-parte order passed by the learned trial court the revisionist has an option to move an application under Section 126(2) Cr.P.C. before the learned trial court who will pass appropriate order in accordance with law. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 03.10.2024, it appears that the learned trial court has proceeded ex-parte. Since the revisionist has an option to move an application before the learned trial court under Section 126 (2) Cr.P.C as the proviso to this Section states that "Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper." After setting aside the order passed ex-parte the learned trial court is to consider the submission of the revisionist and pass the appropriate order on an application moved under Section 125 Cr.P.C. Thus, the revisionist is directed to move an application under Section 126(2) Cr.P.C. within one month from today that will be heard and decided by the learned trial court in accordance with law on considering the submissions made by the revisionist while giving an opportunity of hearing to both the parties without granting any unnecessary adjournment to either of the parties. In the mean time, the revisionist will continue to pay Rs. 3,000/- per month as maintenance from the date of application to the date of order to the opposite party no. 2, wife. Accordingly, this criminal revision is disposed of finally. Order Date :- 16.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad