Neutral Citation No. - 2025:AHC:121388 Court No. - 84 Case :- CRIMINAL REVISION No. - 2562 of 2025 Revisionist :- Praveen Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Satish Chandra Yadav,Vaibhav Goswami Counsel for Opposite Party :- G.A. 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. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 01.04.2025 passed by learned Additional Principal Judge, Family Court, Court No. 2, Allahabad in Maintenance Case No. 1057 of 2023 (Anju Yadav Vs. Praveen), under Section 125 Cr.P.C. Police Station Nawabganj, District Prayagraj. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife who is living separate from him without any sufficient cause and filed an application under Section 125 Cr.P.C. with an application for interim maintenance which was decided ex-parte vide order dated 01.04.2025 fixing the amount of Rs. 4000/- per month as interim maintenance in favour of wife from the date of application. Since this order was passed without giving opportunity of hearing, hence it cannot be said to be lawful, therefore, request to set aside the order passed by the learned trial court and allow the revision and to direct the learned trial court to pass the order afresh after giving an opportunity of hearing to him. Learned counsel for opposite party as well as A.G.A. opposed the prayer as aforesaid and contended that the revisionist appeared before the learned court and thereafter he became absent and did not file any objection to the application for interim maintenance that was the reason it was decided ex-parte vide order dated 01.04.2025 fixing the amount of Rs. 4000/- per month. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. perusal of record and order passed by learned trial court dated 01.04.2025, it appears that the revisionist became absent that was the reason the interim maintenance application was decided ex-parte by the learned trial court vide order dated 01.04.2025 fixing the amount Rs. 4000/- per month as interim maintenance. The aforesaid order has been passed ex-parte against the revisionist regarding which there is remedy available to him under proviso to Section 126(2) Cr.P.C./145 BNSS which is 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." In view of the proviso to Section 126(2) Cr.P.C./145 BNSS the revisionist is directed to file an application u/s 126(2) Cr.P.C./145 BNSS before the learned trial court within a period of 15 days from today that shall be heard and decided by the learned trial court after giving opportunity of hearing to both the parties in accordance with law without granting any unnecessary adjournment to the parties. Accordingly, the present revision is allowed and order dated 01.04.2025 passed by learned trial court is hereby set aside. Order Date :- 24.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad