Neutral Citation No. - 2025:AHC:112224 Court No. - 84 Case :- CRIMINAL REVISION No. - 2781 of 2025 Revisionist :- Sudeep Diwakar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Murali Manohar 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. The present criminal revision has been filed with a prayer to allow the revision and set aside the impugned ex-parte order dated 27.03.2025 passed by the learned Principal Judge, Kannauj, in Criminal Misc. Case No. 41/12/2024 (Smt. Poonam Devi @ Riya Vs. Sudeep) filed u/s 125 Cr.P.C. by opposite party no. 2 for maintenance and by means of impugned ex-parte order the Family Court allowed the application dated 11.01.2024 of opposite party no. 2 for maintenance and directed the revisionist to pay monthly maintenance of Rs. 20,000/- in favour of opposite party no. 2 and allow the present revision and also stay the effect and operation of the aforesaid order during pendency of the present revision. It is submitted by learned counsel for the revisionist that in this case an ex-parte order was passed by the learned court dated 27.03.2025 and amount of maintenance was fixed Rs. 20,000/- per month in favour of opposite party no. 2. He further submits that the learned trial court proceeded ex-parte on the basis of notice issued and said to be served on him as per postal endorsement. He further submits that he is an employee in Railway and gets salary Rs. 31,837/- per month after deduction even though the learned trial court has fixed the amount of maintenance Rs. 20,000/- per month that is excessive and beyond his paying capacity and disproportionate to the income of the revisionist and therefore, request to set aside the order passed by the learned trial court dated 27.03.2025. Learned A.G.A. for the State opposed the prayer as aforesaid and contended that in this case against the ex-parte order passed by the learned trial court the revisionist has an option to move an application under Section 126(2) Cr.P.C. before the learned trial court who will pass appropriate order. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 27.03.2025, it appears that the learned trial court has proceeded ex-parte on the application under Section 125 Cr.P.C. on the basis of postal endorsement that item was delivered to him though the revisionist states that no notice was served on him. Since the revisionist has an option to move an application before the learned trial court under Section 126 (2) Cr.P.C as the proviso to this Section states that "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." After setting aside the order passed ex-parte the learned trial court is to consider the submission of the revisionist and pass the appropriate order on an application moved under Section 125 Cr.P.C. Thus, the revisionist is directed to move an application under Section 126(2) Cr.P.C. within one month from today that will be heard and decided by the learned trial court in accordance with law on considering the submissions made by the revisionist while giving an opportunity of hearing to both the parties without granting any unnecessary adjournment to either of the parties. In the mean time, the revisionist will pay Rs. 10,000/- per month as interim maintenance from the date of application to the opposite party no. 2, wife. Accordingly, this criminal revision is disposed of finally. Order Date :- 14.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad