Neutral Citation No. - 2025:AHC:10520 Court No. - 73 Case :- APPLICATION U/S 482 No. - 22321 of 2024 Applicant :- Poonam And 2 Othrs Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pal Singh,Harish Chandra Singh Counsel for Opposite Party :- Arvind Kumar Singh,G.A.,Sanjeev Kumar Kushwaha Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been preferred against the order dated 03.03.2023, passed by learned Family Court, Kushinagar, in Criminal Misc. Case No.103 of 2021 (Poonam Devi and Others Vs. Jayprakash) under Section 125 Cr.P.C., Police Station- Kasya, District- Kushinagar, whereby the application filed by the opposite party no.2 under Section 126(2) Cr.P.C. has been allowed subject to costs of Rs.10,000/-. 3. It has been submitted by learned counsel for the applicants that applicant no.1 is wife of opposite party no.2 and that applicant nos.2 & 3 are their minor children. The applicants have filed a case under Section 125 Cr.P.C. in the year 2018. During proceedings of that case, the case was proceeded ex-parte against opposite party no.2 vide order dated 29.05.2019 but later on the direction of ex- parte proceedings was recalled vide order dated 17.09.2019, subject to costs of Rs.12,000/-. Later the opposite party no.2 has again abandoned the proceedings and case was proceeded ex-parte against opposite party no.2 and maintenance was granted to the applicants vide ex-parte judgment dated 18.11.2021. The opposite party no.2 has filed an application under Section 126(2) Cr.P.C. to recall the order dated 18.11.2021, which has been allowed by the Family Court vide impugned order dated 03.03.2023, by merely imposing costs of Rs.10,000/-. Learned counsel submitted that no case for recalling ex-parte judgment is made out. The applicant has deliberately not attended proceedings in order to proceed the case ex-parte and thus impugned order is not sustainable. 4. Learned counsel for the opposite party no.2 has opposed the application and submitted that there is no illegality or perversity in the impugned order. The application of applicant has been allowed subject to costs of Rs.10,000/-. It was stated that opposite party no.2 has purchased property in the name of applicant no.1 and that in view of attending facts and circumstances of the matter, no interference is called in the impugned order dated 03.03.2023. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that applicant nos.1 to 3 have filed case under Section 125 Cr.P.C. against the opposite party no.2, which was decided by ex-parte judgment dated 18.11.2021, granting maintenance in favour of applicants. The opposite party no.2 has filed application under Section 126(2) Cr.P.C., which has been allowed vide impugned order dated 03.03.2023 subject to costs of Rs.10,000/-. It was shown that even on earlier occasion during pendency of the case, the matter was proceeded ex-parte against opposite party no.2 and that direction of ex-parte order was recalled against costs of Rs.12,000/-. It would be relevant to observe that by impugned order dated 03.03.2023 the applicants would lost the arrears of maintenance accrued in pursuance to the order dated 18.11.2021 and thus in view of these facts, it appears that the Family Court must have imposed some substantial costs on the opposite party no.2 in order to compensate the applicants. In view of attending facts, the costs imposed by the Family Court are meagre and unjustified. Considering facts of the matter, in the interest of justice, it would be appropriate that costs of Rs.10,000/- imposed by the Family Court while allowing application under Section 126(2) Cr.P.C. be enhanced to Rs.25,000/-. 7. In view of aforesaid, the application filed by opposite party no.2 under Section 126(2) Cr.P.C. is allowed subject to costs of Rs.25,000/-. The impugned order dated 03.03.2023 stands altered to this extent. The costs shall be deposited/paid by the opposite party no.2 within a period of four weeks from today before the Family Court concerned. The costs shall be payable to the applicant no.1. 8. The application u/s 482 Cr.P.C. is disposed of accordingly. Order Date :- 22.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad