Neutral Citation No. - 2025:AHC:107094 Court No. - 84 Case :- CRIMINAL REVISION No. - 1586 of 2025 Revisionist :- Mukesh Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and to set aside the impugned judgment and order dated 18.01.2025 passed by learned Principal Judge, Family Court, Agra in Criminal Misc. Case No.795 of 2023 (Smt. Sita and others vs. Mukesh) u/s 125 Cr.P.C. by which the application of opposite party nos.2 , 3 & 4 has been allowed by which Rs.5000/- per month for opposite party no.2 and Rs.2500/- for opposite party nos.3 & 4 each, total Rs.10,000/- maintenance allowed from the date of application dated 12.04.2023 in favour of opposite party no.2, 3 & 4. It is submitted by learned counsel for the revisionist that in this case an ex-parte order passed by the learned trial court dated 18.01.2025 fixing the amount of maintenance Rs.5000/- per month in favour of wife and Rs.2500/- per month for two minor children, total Rs.10,000/- per month. Further submits that no opportunity of hearing was given to the revisionist and order in question was passed which cannot be said to be lawful, therefore, request to set aside the order in question and allow the revision while passing the appropriate order after giving opportunity of hearing to the revisionist also. Learned A.G.A. opposed the prayer as aforesaid and contended that u/s 126(2) Cr.P.C. revisionist has an option to move an application before the learned trial court for setting aside the order passed ex-parte. 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 order dated 18.01.2025 passed by the learned trial court, it appears that the trial court has passed the order in question ex-parte fixing the amount of maintenance as aforesaid in favour of wife and minor children. Para no.3 of the impugned order transpires that notices were sent to the revisionist with registered post and after service case was proceeded ex-parte but as per the version of the revisionist he has not received notice that is the reason he could not appear before the learned court. In considered opinion of this Court, the revisionist is to move an application u/s 126(2) Cr.P.C. within 30 days from today for setting aside the ex-parte order before the learned trial court who will pass proper order in accordance with law. Accordingly, this criminal revision is disposed of finally. Order Date :- 8.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad