Neutral Citation No. - 2025:AHC:26923 Court No. - 80 Case :- CRIMINAL REVISION No. - 4165 of 2024 Revisionist :- Smt. Uma Saini Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kuldeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the revisionist and learned AGA for the State. None is present on behalf of opposite party no. 2 despite service of notice upon him. The instant criminal revision has been preferred against the order dated 1.7.2024 passed by Additional Principal Judge, Family Court No. 2, Meerut in Criminal Case No. 17 of 2018 (Uma Saini Versus Hariom Saini), under Section 125 CrPC, whereby Court below has dismissed maintenance case in default of both the parties. Learned counsel for revisionist has submitted that the maintenance case was pending since the year, 2018 but the long delay had not occurred due to default of the applicant. The revisionist has filed order-sheet of the case right from its inception, i. e. since 5.5.2015 and bare perusal of the same suggests that delay occurred for the reasons beyond her control and she is not party to the delay. He further submitted that the Court below has given a wrong observation in the impugned order that the case is fixed for cross-examination of PW 2 for one year and five months. P. W. 2 was present on most of the dates but adjournment was sought on behalf of opposite party on one or the other grounds and in this situation hearing is protracted and cross-examination of PW. 2 remained in- conclusive. On 1.7.2024 application for adjournment was filed by both the sides on the ground that the parties are suffering from fever and Court below has rejected the adjournment applications filed by both the sides and dismissed maintenance case in default of parties, as parties were represented on the date fixed for cross-examination of P. W. 2 by the respective counsel say only for filing application for adjournment, even in that situation parties should have been treated absent and the order for dismissal of the case in default cannot be sustained and in that situation Court could have fixed a short date with the directions to the parties, instead of dismissing the case in default. The impugned order 1.7.2024 passed by Additional Principal Judge, Family Court No. 2, Meerut is vitiated by law and cannot be sustained and is hereby set aside. The court below is directed to restore the case to its original number and proceed with the hearing of the case and decide the same in accordance with law as expeditiously as possible. Needless to say that the parties will cooperate in disposal of the case and no adjournment will be sought by either of the parties on inadequate grounds. Accordingly, the revisions is allowed. Order Date :- 13.2.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad