Neutral Citation No. - 2025:AHC:21835 Court No. - 80 Case :- CRIMINAL REVISION No. - 1157 of 2023 Revisionist :- Ram Pravesh Gupta Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Arvind Kumar Maurya Counsel for Opposite Party :- Akash Kumar Nishad,Chandan Singh,G.A.,Subhash Chandra Pandey Hon'ble Ram Manohar Narayan Mishra,J. 1. Instant criminal revision has been preferred against the judgement and order dated 24.1.2023 passed by the learned Additional Principal Judge, Family Court, Deoria in Misc. Restoration Application No. 772 of 2022, under section 126 Cr.P.C., P.S. Mail, District Deoria whereby learned trial court has allowed the application filed by the revisionist under section 126 Cr.P.C. by setting aside the ex-parte judgement and order daed 16.5.2022 passed in Maintenance Case No. 642 of 2015 whereby Rs. 5000/- per month maintenance was awarded to the applicant from the date of filing application dated 9.10.2015 and by the impugned order learned court below has allowed the application under section 126 Cr.P.C. subject to payment of Rs. 80,000/- as cost and has set aside the impugned judgement and order. It is directed in the impugned order after payment of cost, case shall be restored to its original number. 2. The prayer has been made in instant revision that impugned order may kindly be set aside/modified to the extent of imposition of cost of Rs. 80.000/-. Learned counsel for the revisionist submitted that the cost is excessive and revisionist is not in a position to pay the same. 3. Per contra, learned counsel for the respondent no. 2 submitted that as learned court below has set aside the ex-parte judgement and order on payment of Rs. 80,000/- cost, the respondent no. 2 has now become remediless and she is not getting any maintenance as the learned court below is under impression that ex-parte judgement and order dated 16.5.2022 has been set aside, therefore, in order to except hearing of original maintenance case by the learned court below, the cost may be directed to be adjusted towards final order passed in the maintenance case. 4. Learned counsel for the revisionist expressed his agreement towards contention made by learned counsel for the respondent no. 2. 5. The revision is disposed of with modification in the impugned order that the cost imposed while setting aside the ex-parte judgement and order dated 16.5.2022 in maintenance case No. 642 of 2015 will be adjusted towards final judgement and order passed in said maintenance case on merit after giving opportunity of hearing both the parties. The court below is directed to restore the case to its original number without issuing on payment of cost as a condition precedent for restoration of the case and proceed with the hearing of the case in accordance with law. The cost of Rs. 80,000/- shall be adjusted towards final order of maintenance, if any passed by court below. 6. The court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order before it, if there is no other legal impediment. 7. It is directed that during pendency of the present revision, the revisionist will keep on paying Rs. 5000/- per month as interim maintenance to the applicant from February 2025 onwards. The amount of interim maintenance will also subject to adjustment of final order passed in maintenance case. Order Date :- 13.2.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad