Neutral Citation No. - 2025:AHC:76670 Court No. - 79 Case :- CRIMINAL REVISION No. - 2966 of 2024 Revisionist :- Jaykant Sharma Opposite Party :- State Of U.P. 2 Others Counsel for Revisionist :- Chandra Prakash Singh,J.B. Singh Counsel for Opposite Party :- G.A.,Narendra Singh Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed by learned counsel for the revisionist today is taken on record. Heard Sri Chandra Prakash Singh, learned counsel for the revisionist as well as Sri Uday Narain Pandey, Advocate holding brief of Sri Narendra Singh, learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and quash the impugned ex-parte judgment dated 11.03.2024 passed by learned Additional Principal Judge, Family Court No.1, Meerut in Case No.712 of 2017 (Smt. Jyoti Sharma & another vs. Jaykant Sharma) under Section 125 Cr.P.C., Police Station Kankarkheda, District Meerut by which maintenance Rs.5000/- per month in favour of wife and Rs.3000/- per month in favour of minor child was fixed. It is submitted by the learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party no.3 is minor son of the revisionist. The marriage of opposite party no.2 was performed in the year 2014 but without any sufficient reason wife went to her maika in the year 2017 and living apart from him since the time when he was working in Nigeria. During the proceedings of the court he being in Nigeria authorized his counsel to make pairavi of the case here in India but he failed that was the reason ex-parte order was passed in the case. The learned trial court on 11.03.2024 fixed the amount of maintenance Rs.5000/- per month in favour of wife and Rs.3000/- per month in favour of child. He further submits that the opposite party no.2 is M.B.A. degree holder and is able to maintain herself by making income and the revisionist is working on the salary of Rs.17,000/- per month in M/s Allied Energy & Hydrocarbon Solutions. The amount so fixed by the learned trial court is disproportionate to the income of the revisionist since he is to maintain his old parents also, therefore, request to set aside the order passed by the learned trial court dated 11.03.2024 and allow this revision. Learned counsel for the opposite party No.2 opposed the prayer as aforesaid and contended that in this case the revisionist did not appear before the learned trial court and his counsel also did not attend the court proceedings that was the reason order in question was passed by the court ex-parte. He had an option to move for recall of the said order dated 11.03.2024 in view of Section 126(2) Cr.P.C. but he filed this revision before this Court only to deprive the opposite party no.2 from the maintenance. He may file an application in this regard before the learned trial court but he is to make payment of the amount of arrears of maintenance with the current amount of maintenance. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties and the order passed by the learned trial court dated 11.03.2024, it appears that in absence of the revisionist the case was proceeded ex-parte. As per submissions made by learned counsel for the revisionist that he was in Nigeria and authorized his counsel to attend the proceedings of the court but his counsel could not attend the proceedings that was the reason ex-parte order was passed fixing the amount of monthly maintenance Rs.5000/- and Rs.3000/- respectively in favour of the wife and minor child. In view of Section 126(2) Cr.P.C. the revisionist may have an option to move an application before the learned trial court to recall the order passed ex-parte by imposing reasonable cost. In considered opinion of this Court, it will be just and proper and in the interest of justice to give an opportunity of hearing to the revisionist also before passing an order against him, therefore, he is directed to move an application u/s 126(2) Cr.P.C. before the learned trial court within a period of three weeks in this regard which shall be heard and disposed of after giving an opportunity of hearing to both the parties within a period of two months thereafter. In the meantime, the revisionist shall continue to pay the current amount of maintenance as ordered on 11.03.2024 and recovery of arrears of maintenance shall remain in abeyance which shall be subject to the outcome of the order passed by the learned trial court in an application u/s 126(2) Cr.P.C. Accordingly, this criminal revision is disposed of finally. Order Date :- 12.5.2025/Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad