Neutral Citation No. - 2025:AHC:55328 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12313 of 2025 Applicant :- Kamal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Baij Nath Pal,Sanjeev Kumar Khare Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under Section 528 BNSS has been preferred against the judgement dated 08.02.2023 passed by the Additional Principal Judge, Family Court, Mathura in Case No. 347 of 2021 (Smt. Neeraj Kumari v. Kamal Singh) under Section 125 CrPC. The order dated 03.02.2025 passed by the aforesaid court in Misc. Case No. 337 of 2023 (Smt. Neeraj v. Kamal) under Section 125(3) CrPC is also being impugned. 3. Perusal of record shows that the opposite party no.2 has filed case under Section 125 Cr.P.C., which was decided by ex-parte judgement dated 08.02.2023, granting maintenance to the opposite party no.2. The applicant has remedy of filing an application under Section 126(2) Cr.P.C. to recall the said ex-parte judgment or to challenge the said ex-parte judgment by way of criminal revision. This application under Section 528 BNSS against ex-parte judgment dated 08.02.2023 passed by the Family Court is not maintainable. 4. The application under Section 528 Cr.P.C. against impugned ex- parte judgment dated 08.02.2023 is dismissed as not maintainable. The applicant would be at liberty to file an application under Section 126(2) Cr.P.C. to recall the said ex-parte judgment or to resort appropriate legal remedy that may be available under law. 5. So far the impugned order dated 03.02.2025 is concerned, by that order Family Court has issued process of attachment of property of applicant for realisation of arrears of maintenance. No material illegality or perversity could be shown in the impugned order dated 03.02.2025. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice. Thus, no interference is called in the order dated 03.02.2025. 6. In view of aforesaid, the application under Section 528 BNSS is dismissed, granting aforesaid liberty. Order Date :- 15.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad