Neutral Citation No. - 2025:AHC:68010 Court No. - 79 Case :- CRIMINAL REVISION No. - 2509 of 2024 Revisionist :- Wasim Khan Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kamta Prasad,Mahesh Prasad Yadav,Raj Kumar Dhama Counsel for Opposite Party :- Aravind Kumar Tripathi,G.A. Hon'ble Subhash Chandra Sharma,J. Rejoinder affidavit filed today by learned counsel for the revisionist is taken on record. Heard Sri Rajesh Kumar Vishwakarma, learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 29.03.2024 passed by the learned Principal Judge, Family Court, Lalitpur in Case No. 196 of 2023 (Wasim Khan Vs. Smt. Sadama Praveen) filed under Section 126(2) Cr.P.C. arising out of Case NO. 287 of 2021 (Sadam Parveen and others Vs. Wasim Khan) filed under Section 125 Cr.P.C. Police Station Kotwali, District Lalitpur and direct the learned trial court not to take coercive step againt the revisionist in regard to execution of maintenance Case NO. 287 of 2021 and judgment dated 14.02.2023. It is submitted by learned counsel for the revisionist that in this case, the revisionist is husband of the opposite party no. 2. An application u/s 125 was filed by the opposite party no. 2 against the revisionist which was decided ex-parte fixing the amount Rs. 10,000/- per month in favour of wife and Rs. 5000/- for each to two children, in total Rs. 20,000/- per month. The revisionist moved an application u/s 126(2) Cr.P.C. to recall the ex-parte order but it was rejected vide order dated 29.03.2024 on the ground of endorsement made by postman on the registered notice, though that notice was never served on him. Further submitted that he should also be given opportunity of hearing and then application u/s 125 Cr.P.C. be decided on merit, therefore, the order dated 29.03.2024 be set aside. He is also ready to pay Rs. 1,00,000/- (one lac) within a month as arrears of maintenance to the wife and children and will continue to pay Rs. 12,000/- per month as maintenance. Learned counsel for opposite party no. 2 as well as A.G.A. opposed the prayer as aforesaid and contended that the amount to be given by the revisionist to the wife as arrears of maintenance and also monthly maintenance is less than sufficient. Further contended that the service of notice was sufficient on the revisionist even though he did not appear before the learned trial court but for making harassment of the opposite party, he has filed present case. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A perusal of record and order passed by learned trial court dated 29.03.2024, it appears that the application u/s 125 Cr.P.C. was allowed ex-parte by fixing the amount of maintenance as aforesaid and the case was proceeded ex-parte on the basis of endorsement of postman that the receiver could not be found on the address and other endorsement that he has gone abroad and registered letter was returned back. It also shows that the registered notice issued from the court could never be served on the revisionist, as a result case was proceeded ex-part. In the interest of natural justice the revisionist is also to be given an opportunity of hearing before passing any order against him therefore, order dated 29.03.2024 is liable to be set aside with the order dated 14.02.2023 passed ex- parte against the revisionist in an application u/s 125 Cr.P.C. Accordingly, the present revision is allowed with direction to the parties to appear before the learned trial court and learned trial court is to decide the case after giving an opportunity of hearing to both the parties as expeditiously as possible in accordance with law without granting any unnecessary adjournment to either of the parties. The revisionist is also directed to make payment of lump sum amount of Rs. 1,00,000/- within a month and then to continue to make payment of Rs. 12,000/- per month as interim maintenance to the wife and children. In case of failure, the learned trial court will be at liberty to make realization as per rules. Order Date :- 30.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad