Neutral Citation No. - 2025:AHC:135227 Court No. - 84 Case :- CRIMINAL REVISION No. - 3227 of 2025 Revisionist :- Vikas Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.,Jitendra Pal Singh Hon'ble Subhash Chandra Sharma,J. Counter affidavit filed by learned counsel for the opposite party today is taken on record. Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to set aside the impugned order dated 12.06.2025 passed by learned Principal Judge, Family Court, Hathras in Case No.320 of 2023 (Smt. Pankaj vs. Vikas) under Section 125 Cr.P.C., Police Station Hathras Junction, District Hathras and permit the applicant to contest the case on merit to secure the ends of justice and also prays to stay the proceeding of the case. 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 wife/opposite party no.2 on which the learned trial court proceeded ex-parte and no opportunity of hearing was given to him. He further submits that he moved an application to recall the order dated 23.05.2025 and it was allowed by order dated 12.06.2025 for cost Rs.25,000/- payable to the wife which is excessive, therefore, request to set aside the order passed by learned trial court and allow the revision by giving opportunity of hearing to him in the case u/s 125 Cr.P.C. Learned counsel for the opposite party opposed the prayer and contended that notice was duly served on the revisionist and vakalatnama of his counsel was also filed, thereafter, he became absent and did not file written statement. When after recording the evidence on the part of the opposite party no.2 the case was fixed for argument, he moved the application for recall of ex-parte order that was the reason the learned trial court has fixed the amount of Rs.25,000/- as cost payable to the wife since he avoided to participate in the proceedings of the case knowingly and also not giving any amount as maintenance to the wife who has no any source of income and is unable to maintain herself. 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 learned trial court dated 12.06.2025, it appears that notice was duly served on the revisionist and vakalatnama was also filed on his part as is evident from the order sheet dated 27.08.2024 and then became absent that was the reason case was proceeded ex-parte and then he filed recall application dated 23.05.2025 on which the order in question was passed by the learned trial court. In considered opinion of this Court, the revisionist will also be given opportunity of hearing in the case, therefore, the order passed by the learned trial court dated 12.06.2025 recalling the ex-parte order cannot be said to be illegal but the amount imposed as cost is liable to be reduced. The amount of cost Rs.25,000/- payable to the wife as cost is reduced to Rs.10,000/-. Since the revisionist is not cooperating with the proceedings of the case, therefore, till the disposal of the application u/s 125 Cr.P.C. he will continue to pay Rs.3000/- per month as interim maintenance, if not already fixed by the learned trial court which shall be payable from the date of this order. Accordingly, this criminal revision is partly allowed. Order Date :- 11.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad