Neutral Citation No. - 2025:AHC:66550 Court No. - 79 Case :- CRIMINAL REVISION No. - 1498 of 2024 Revisionist :- Dalveer Singh Chauhan Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Yashodanand Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Notice to opposite party no. 2 has been served but none turned up. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the impugned judgment and order dated 02.02.2024 passed by learned Principal Judge, Family Court no. 5, Ghaziabad, in Criminal Case No. 781 of 2018 (Smt. Preeti Singh Vs. Dalveer) under Section 125 of Criminal Procedure Code, Police Station Indrapuram, District Ghaziabad. It is submitted by learned counsel for the revisionist that in this case marriage of revisionist with opposite party no. 2 was performed by concealing the fact that she was already married lady regarding which he has filed a petition for Dissolution of marriage under Section 11 of Hindu Marriage Act before the learned trial court which is still pending. He further submits that an application under Section 125 Cr.P.C. was filed by the wife against the revisionist which was decided ex-parte by order dated 02.02.2024 fixing the amount of Rs. 6,000/- per month as maintenance. No opportunity of hearing was given to him, therefore, request to set aside the order passed by the learned trial court dated 02.02.2024 and allow the present revision. Learned counsel for the opposite party has opposed the prayer as aforesaid and contended that in this case the revisionist had sufficient notice and he filed objection before the learned trial court, thereafter, he became absent that was the reason case was proceeded ex-parte and order dated 02.02.2024 was also passed. He has alternative remedy under Section 126(2) Cr.P.C. to move an application before the learned trial court to recall the order in question. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 02.02.2024, it appears that the revisionist has filed an objection before the learned trial court against the application under Section 125 Cr.P.C. but later on he became absent, that was the reason case was proceeded ex-parte and after hearing the opposite party no. 2 case was decided on 02.02.2024 and amount Rs. 6,000/- per month was fixed as maintenance in favour of wife against the revisionist. Proviso to Section 126(2) Cr.P.C. provides as follows:- "Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate 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 Magistrate may think just and proper." Thus, aforesaid proviso provides remedy that where order has been passed ex-parte the revisionist is to move an application for recall in this regard before the learned court concerned. In view of the above, the revisionist is directed to file an application before the learned trial court under Section 126(2) Cr.P.C. within a period of 30 days from today which shall be heard and decided by the learned court in accordance with law as expeditiously as possible without granting any unnecessary adjournment to either of the parties. Accordingly, this revision is disposed of finally. Order Date :- 29.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad