Neutral Citation No. - 2025:AHC:104086 Court No. - 84 Case :- CRIMINAL REVISION No. - 1763 of 2025 Revisionist :- Bhupendra Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Raghubir Singh Counsel for Opposite Party :- G.A.,Ken Singh Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for both the parties as well as learned A.G.A for the State and perused the record. This Crl. Revision has been filed by the revisionist by the revisionist with a prayer to allow the criminal revision and set aside the order dated 6.1.2025 passed by learned Additional Principal Judge, Family Court, Court No.1, Agra in Case No. M-266 of 2019 (Bhupendra Singh Vs.Smt. Shilpi Sigh), Police Station Chhatta, District Agra. It is submitted by the learned counsel for the revisionist that in this case he is husband of opposite party No.2 who is living separate from him without any sufficient cause and filed an application under section 125 Cr.P.C which was decided exparte by the learned trial court vide order dated 1.10.2019. He further submits the revisionist appeared in that case but due to pendency of application under section 482 Cr.P.C before this Court and miss communication by the learned counsel he could not appear before the learned trial court that was the reason case was proceeded exparte. He also submits that against exparte order dated 5.10.2019 he filed an application dated 30.10.2019 under section 126(2) Cr.P.C to recall the said order that was within time and decided by learned trial court on 6.1.2025 and the application was dismissed. In this way no opportunity of hearing was afforded to the revisionist but the order was passed against him, therefore, request to set aside the order dated 6.10.2025 passed by the learned trial court and also the order dated 5.10.2019. Learned counsel for opposite party No.2 as well as learned A.G.A opposed the prayer as aforesaid and contended that in this case the revisionist had full knowledge about the proceedings of the learned trial court and he participated in the proceeding also but later on he became absent only for lingering the trial and avoiding himself for providing maintenance to the wife, as a result the learned trial court passed the exparte order dated 5.10.2019 against which revisionist filed an application under section 126(2) Cr.P.C that was rejected on 06.01.2025.There is no any illegality or impropriety in the order passed by learned trial court but the revision being devoid of merit is liable to be dismissed. He also contended that from the date of order the revisionist has not given a penny as maintenance to the wife. On considering the facts and circumstances of the case, submissions made by the learned counsel for the parties as well as learned A.G.A, perusal of record and the orders passed by the learned trial court dated 5.10.2019 and 6.1.2025, it appears that the revisionist and the opposite party No.2 are husband and wife and he participated in the trial court proceedings but later on he became absent that was the reason exparte order was passed against him. Against the exparte order he moved an application under section 126(2) Cr.P.C on 30.10.2019 which was decided on 6.1.2025 by learned trial court rejecting the same. Since the cause for absence is said to be miss communication by the lawyer to the revisionist due to pendency of application under section 482 Cr.P.C before this Court, therefore, it is expedient to give an opportunity of hearing to the revisionist also for the proceedings under section 125 Cr.P.C. Since he has not paid any penny to the wife as maintenance from very beginning, therefore, cost may be imposed on him. In considered opinion of this Court, the order dated 5.10.2019 as well as 6.1.2025 are hereby set aside for cost Rs.1,00,000/- to be paid by the revisionist that will be given to the opposite party No.2(wife). The learned trial court will make its endeavour to decide the case within a period of six months from the date of production of certified copy of this order. In the meantime the revisionist will continue to pay Rs.7000/- per month as maintenance to the opposite party No.2 ( wife) that will be subject to adjustment to the amount as fixed by the learned trial court. Accordingly, this revision is allowed. Order Date :- 3.7.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad