Neutral Citation No. - 2025:AHC:128932 Court No. - 84 Case :- CRIMINAL REVISION No. - 2743 of 2025 Revisionist :- Mohd Ishrar Shekh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajay Kumar,Sadhu Sharan Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow this revision and set aside the order dated 01.02.2023 passed by learned Principal Judge, Family Court, Mirzapur in Criminal Misc. Case No.381 of 2019 (Sabiya Shekh vs. Mohd. Ishrar Shekh) under Section 125 Cr.P.C. and order dated 15.04.2025 passed by learned Principal Judge, Family Court Mirzapur in Criminal Misc. Case No.20 of 2023 (Mohd. Ishrar vs. Sabiya Shekh) under Section 126(2) Cr.P.C., Police Station Kotwali Katara, District Mirzapur. It is submitted by learned counsel for the revisionist that in this case an application u/s 125 Cr.P.C. was filed by the opposite party no.2/wife for maintenance in the year 2019 in which the revisionist appeared before the learned trial court and filed his objection, thereafter, due to illness of his parents he could not appear before the learned trial court that was the reason case was proceeded ex- parte and final order was passed on 01.02.2023 fixing the amount of maintanance Rs.5000/- per month. Against that order he moved an application u/s 126(2) Cr.P.C. before the learned trial court which was rejected by order dated 15.04.2025 and no any opportunity of hearing was given to him while passing the order in question, therefore, request to set aside the order passed by the learned trial court ex-parte and order passed on application u/s 126(2) Cr.P.C. on nominal cost which he is ready to pay. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist knowingly became absent from the proceedings of the case that was the reason the case was proceeded ex-parte. To avoid the liability to pay the amount of maintenance he knowingly became absent and deprived his wife from maintenance from the year 2019. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A, perusal of record and the order passed by the learned trial court dated 01.02.2023 and order passed on application u/s-126(2) Cr.P.C. on 15.04.2025, it appears that the revisionist though filed his objection but became absent that was the reason case was proceeded ex-parte and final order was passed on 01.02.2023. In fact he could not get opportunity of hearing before the learned trial court and moved an application for recall of that order but it was also rejected by the learned trial court. In considered opinion of this Court, the revisionist be also provided an opportunity of hearing and for his inadvertence cost may be imposed that may be paid to the wife as maintenance. Thus, the revisionist is directed to approach the learned trial court and move application for recall of order dated 15.04.2025 and order dated 01.02.2023 within 30 days from today and he will make deposit of Rs.1,20,000/- as cost which shall be paid to the wife and thereafter, the learned trial court will recall the orders dated 15.04.2025 and 01.02.2023 and decide the application u/s 125 Cr.P.C. on merit after giving opportunity of hearing to both the parties without allowing any unnecessary adjournment to either of the parties. In addition to this, the revisionist shall continue to make payment of Rs.3000/- per month as interim maintenance to the wife till the disposal of application u/s 125 Cr.P.C. Accordingly, this criminal revision is disposed of finally. Order Date :- 1.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad