HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3628 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 revisionist. 2. Heard Shri Umesh Kumar, learned counsel for the opposite party no.2 and 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 10th October, 2023 passed by the Principal Judge, Family Court, Shamli at Kairanain Case No. 02 of 2023 (Smt. Mansi and two others Vs. Kuldeep), under Section 125 Cr.P.C., Police Station- Kotwali Shamli, District - Shamli, whereby the trial court while ex-parte allowing the instant application has directed the revisionist to pay Rs. 5,000/- per month to opposite party no.2 and Rs. 2,000/- per month each to the opposite party nos.3 and 4, i.e. total Rs.9,000/- per month towards monthly maintenance allowance from the date of filing of the instant application. 4. On the matter being taken up, learned counsel for the opposite party no.2 as well as AGA have 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 the 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, submits that the present criminal revision is Versus Counsel for Revisionist(s) : Marjeet Mishra Counsel for Opposite Party(s) : G.A., Umesh Kumar Kuldeep .....Revisionist(s) State Of Up And 3 Others .....Opposite Party(s) liable to be dismissed. 5. Under such circumstances, this criminal revision is dismissed on the ground of availability of statutory alternative remedy under Section 126 (2) Cr.P.C. 6. It is clarified that the revisionist shall pay Rs. 5,000/- per month to opposite party no.2 and Rs. 2,000/- per month each to the opposite party nos. 3 and 4 per months, towards monthly maintenance allowance till the final outcome of the proceedings under Section 126 (2) Cr.P.C. 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 10.10.2023 before the trial court 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. October 6, 2025 Prajapati RK CRLR No. 3628 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad