Neutral Citation No. - 2025:AHC:80934 Court No. - 79 Case :- CRIMINAL REVISION No. - 4156 of 2024 Revisionist :- Pankaj Alias Shalu Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Awadhesh Prasad 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 record. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 19.06.2024 passed by learned Additional Principal Judge, Family Court, Jhansi in Misc. Criminal Case No. 646 of 2021 (Smt. Rashmi Yadav Vs. Pankaj Alias Shalu Yadav), under Section 125 Cr.P.C. Police Station Badagaon, District Jhansi. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife of revisionist who is living separate from him without any sufficient cause. She filed an application u/s 125 Cr.P.C. before the learned trial court which was decided ex-parte dated 19.06.2024 without giving an opportunity of hearing to the revisionist, therefore, request to set aside the order passed by learned trial court and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. On 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 order passed by learned trial court dated 19.06.2024, it appears that the aforesaid order has been passed ex-parte against the revisionist regarding which there is remedy available to him under proviso Section 126(2) Cr.P.C. which is as follows: "Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper." In view of proviso to Section 126(2) Cr.P.C. the revisionist is directed to file an application u/s 126(2) Cr.P.C. before the learned trial court within a period of 15 days from today that shall be heard and decided by the learned trial court after giving opportunity of hearing to both the parties in accordance with law within a period of two months. Accordingly, the present revision is disposed of, finally. Order Date :- 16.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad