Neutral Citation No. - 2025:AHC:123808 Court No. - 84 Case :- CRIMINAL REVISION No. - 3669 of 2025 Revisionist :- Ankush Pal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey 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 a prayer to allow the present revision and set aside the judgment and order dated 09.06.2025 passed by the Principal Judge, Family Court, Gautam Buddh Nagar in Criminal Misc. Case No. 342 of 2024, (Smt. Pooja Pal Vs. Ankush Pal) under Section 125 Cr.P.C., Police Station Bisrakh, District Gautam Buddh Nagar. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife of the revisionist who is living separate from him without any sufficient cause and moved an application of maintenance under Section 125 Cr.P.C. with an application of interim maintenance which was decided by the learned trial court by order dated 09.06.2025 fixing the amount of interim maintenance Rs. 20,000/- per month from the date of application. He further submits that no opportunity of filing objection was given to him by the learned trial court. He moved an application in this regard Paper No. 40 Kha on 09.06.2025 which was rejected by the learned court without giving him an opportunity to file an objection on the application for interim maintenance and on the same day passed the order as aforesaid which is illegal, therefore, request to set it aside the order passed by the learned trial court and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances, 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 09.06.2025, it appears that on the same day the revisionist moved an application before the learned trial court for filing objection but it was rejected by the learned court and order in question was passed fixing the amount of Rs. 20,000/- per month as interim maintenance in favour of wife which cannot be said to be lawful whereas the learned court must have given an opportunity of filing objection to the opposite party also then the order in question must have been passed. It is expedient to direct the revisionist to approach the learned trial court within a period of 30 days from today and file an application for recall of order dated 09.06.2025 with his objection of application for interim maintenance and the learned trial court will recall the order and decide the application for interim maintenance on merit after giving an opportunity of hearing to both the parties without allowing any unnecessary adjournment to either of the parties. Accordingly, this revision is disposed of finally. Order Date :- 28.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad