Neutral Citation No. - 2025:AHC:133224 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 2190 of 2024 Petitioner :- Afsar Respondent :- State of U.P. and Another Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause of the instant petition, during the course of the day. Heard learned counsel for the petitioner, learned AGA for the State and perused the records. The present petition under Article 227 of the Constitution of India has been filed seeking the following relief :- " issue a writ, order or direction in the nature of certiorari setting aside the impugned order dated 31.01.2024 passed by the Principal Judge/ Family Court, Court No. 2, District- Ghaziabad in Misc. Case No. 750 of 2022 (Afsar v. Imrana Parveen), under Section 126(2) CrPC, P.S.- Niwadi, District- Ghaziabad as well as impugned order dated 27.06.2022 passed by Additional Principal Judge, Family Court, Court No. 2, District- Ghaziabad, in Criminal Case No. 423 of 2021 (Imrana Parveen v. Afsar), under Section 125 CrPC, P.S.- Niwadi, District- Ghaziabad." It has been submitted by learned counsel for the petitioner that the respondent no. 2 initiated the proceedings under Section 125(2) CrPC for the award of the maintenance wherein the learned Additional Principal Judge, Family Court, Court No. 2, District- Ghaziabad has passed an ex parte order dated 27.06.2022 awarding maintenance of Rs. 7,000/- per month to be paid by the petitioner from the date of the application. Aggrieved by the said ex parte order, the petitioner has moved an application under Section 126(2) CrPC seeking opportunity of hearing against the ex parte order wherein the Additional Principal Judge, Family Court, Court No. 2, District- Ghaziabad directed the petitioner to deposit the 50% of the amount awarded by the concerned Family Court, dated 27.06.2022. The main contention of the learned counsel for the petitioner is that the court can only direct for the payment of cost before allowing the application under Section 126(2) CrPC. The order directing the petitioner to deposit the 50% of the amount awarded by the concerned Family Court is against the express statutory provision. Considering the submissions made as above, the order dated 31.01.2024 is hereby set aside and the matter is remitted to the court concerned to reconsider and pass a fresh order in the spirit of Section 126(2) CrPC, expeditiously in accordance with law. The writ petition is allowed, accordingly. Order Date :- 6.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad