Neutral Citation No. - 2025:AHC:138278 Court No. - 84 Case :- CRIMINAL REVISION No. - 2625 of 2025 Revisionist :- Vikram Nishad Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.,Indra Bhan Singh,Jawahir Yadav Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the impugned order dated 21.04.2025 passed by the learned Principal Judge, Family Court, Basti in Criminal Case No. 23/11A/2025 (Vikram Nishad Vs. Mamta @ Indramati) under Section 145 (2) B.N.S.S., Police Station Kalwari, District Basti and order dated 08.01.2025 passed by the learned Principal Judge, Family Court, Basti in Criminal Maintenance Case No. 176/11/2018 (Smt. Mamta @ Indramati and another Vs. Vikram Nishad) under Section 125 of Cr.P.C., Police Station Kalwari, District Basti and further prays to stay the effect and operation of the aforesaid orders during the pendency of this revision. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife of the revisionist and 3 is minor daughter. He further submits that the opposite party no. 2 started living separate from him without any sufficient cause and filed an application under Section 125 Cr.P.C. for maintenance which was decided by the learned trial court ex-parte against which he moved an application under Section 126(2) Cr.P.C. which was allowed by the learned trial court by order dated 13.07.2024 for cost Rs. 30,000/-. The revisionist could not deposit the amount of cost due to some difficulties. The learned trial court restored the case on its original number and again decided the case ex-parte on 08.01.2025. The revisionist could not attend the proceedings of the case after order dated 13.07.2024 since he could not arrange the money for payment of cost. This was the main reason he could not appear before the learned court and the order in question dated 08.01.2025 was passed. He further submits that he must also be given opportunity of hearing before passing the final order on maintenance in favour of opposite party no. 2, therefore, request to set aside the order dated 08.01.2025. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that this application under Section 125 Cr.P.C. was filed in the year 2019 since then the revisionist is avoiding the proceedings of the case for frustrating the claim of maintenance of the wife/opposite party no. 2 and daughter/opposite party no. 3. He further contends that from the year 2019 till now the opposite party nos. 2 and 3 are living in destitute. There is no any source of income for maintenance to them, therefore, heavy cost be imposed on the revisionist to be payable to the opposite party nos. 2 and 3 for their maintenance from the year 2019 till now. 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., the orders passed by the learned trial court on time to time and the orders dated 08.01.2025 and 21.04.2025, in the opinion of this court, it is in the interest of justice to provide opportunity of hearing to the revisionist also and for his inadvertence cost may be imposed. Keeping in view the period of pendency of application under Section 125 Cr.P.C. from the year 2019 till now it is just and proper to direct the revisionist to make payment of Rs. 1,00,000/- as cost that is to be payable to the opposite party nos. 2 and 3 for their maintenance. In case, he makes payment of this amount within a period of sixty days then the order dated 08.01.2025 and 21.04.2025 shall be deemed to be set aside and the case will be restored on its original number. The learned trial court will proceed to decide the case as expeditiously as possible after giving opportunity of hearing to both the parties and without granting any unnecessary adjournment to either of the parties. In the mean time, the revisionist will continue to pay Rs. 4,000/- per month as interim maintenance in favour of wife and child. Out of the amount to be paid by the revisionist, Rs. 80,000/- shall be subjected to adjustment in the amount of arrears of maintenance if awarded by the learned trial court. In case, the revisionist fails to comply, the learned trial court will be at liberty to proceed further in pursuance to the order dated 08.01.2025. Accordingly, this criminal revision is allowed. Order Date :- 13.8.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad