HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 665 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. 1. Heard learned counsel for the revisionist, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. Present criminal revision has been filed against the judgment and order dated 08.11.2024, passed by Principal Judge, Family Court, Jhansi in Criminal Misc. Maintenance Case No. 1238 of 2022 (CNR No. UPJSU020025602022) under Section 125 of Criminal Procedure Code, 1973, Police Station Gursarai, District Jhansi, in which the application under Section 125 Cr. .C. of the opposite party for maintenance has been allowed whereby the revisionist is directed to pay Rs. 20,000/- to the opposite party no.2 and to pay Rs. 15,000/- to the opposite party no.3 from the date of filing of application of maintenance by the opposite party no.2 and 3 that is 14.12.2022 per month which is not sustainable in the eye of law. 3. It is submitted by the learned counsel for the revisionist that in this case the matter was referred to medication, but it failed. It is further submitted that the order dated 08.11.2024 was passed ex-parte without giving an opportunity of hearing, therefore, request to set aside the order dated 08.11.2024 and pass order on merit after giving an opportunity of hearing to the revisionist also. 4. Learned counsel for the opposite party no.2 opposed the prayer as aforesaid and contended that he appeared before the learned trial court, but later on, he became absent and an ex-parte order was passed as such. He has an option to move an application for recall of the order under Section 126 (2) Versus Counsel for Revisionist(s) : Tarun Jha Counsel for Opposite Party(s) : Arti Singh, G.A., Virendra Singh Patel Sanjeev Patel .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) Cr. P.C. which will be decided in accordance with law. 5. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the ex-parte order dated 08.11.2024 passed by learned trial court, it appears that the order in question was passed ex-parte by the learned trial court regarding which the revisionist has an option to move an application under Section 126(2) Cr. P.C. for recall of the order dated 08.11.2025, on which proper order may be passed by the learned trial court in accordance with law. 6. Under section 126(2) Cr.P.C., it is provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or wilfully neglecting to attend the Court, the Court 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 Court may think just and proper. 7. However, the revisionist has not moved any such application before the learned trial court, therefore, it is expedient to direct the revisionist to file an application u/s 126(2) Cr.P.C. before the learned trial court to recall/set aside the ex-parte order dated 08.11.2024 passed against him within a period of 30 days from today, that will be heard and decided by the learned trial court after giving an opportunity of hearing to both the parties, in accordance with law. 8. Accordingly, this criminal revision is disposed of. September 23, 2025 T.S. CRLR No. 665 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad