HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4690 of 2025 Court No. - 84 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 prayer to set aside the judgment and order dated 31.05.2025 passed by Principal Judge, Family Court, Azamgarh in Case No.807 of 2021 (Laxmina vs. Ramjanam) under Section 125 Cr.P.C., Police Station Jiyanpur, District Azamgarh during the pendency of present revisionist. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 was wife of the revisionist but now she has re-married with some other person Shailesh Saroj regarding which he has filed a photocopy of notarial certificate. He also submits that an application u/s 125 Cr.P.C. was filed by the wife which was decided ex-parte by order dated 31.05.2025 by the learned trial court fixing the amount of Rs.4000/- per month in favour of wife against the revisionist. In view of the Section 125(4) Cr.P.C., if the wife entered into marriage with some other person, she is not entitled for maintenance from her husband. He also submits that the revisionist has already filed a complaint u/s 494 I.P.C. against the opposite party no.2, therefore, request to set aside the order dated 31.05.2025 and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that against the ex-parte order u/s 125 Cr.P.C. the revisionist has right to move application u/s 126(2) Cr.P.C. for setting it aside and the learned trial court will pass the appropriate order. Versus Counsel for Revisionist(s) : Anil Kumar Jaiswal, Sanju Yadav Counsel for Opposite Party(s) : G.A. Ramjanam .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 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 the order passed by the learned trial court, it appears that the opposite party nos.2 is wife of the revisionist who is living apart from the revisionist and filed an application u/s 125 Cr.P.C. which was allowed by the learned trial court by order dated 31.05.2025 passed ex-parte without giving the opportunity of hearing to the revisionist. Under proviso to section 126(2) Cr.P.C., it is 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 Court 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 Court may think just and proper. Therefore, it is expedient to direct the revisionist to file an application u/s 126(2) Cr.P.C. before the learned trial court to recall/set aside the ex-parte order dated 31.05.2025 passed against him within a period of 30 days from today, that will be heard and decided by the learned trial court by giving an opportunity of hearing to both the parties, in accordance with law without granting unnecessary adjournment to either of the parties. Accordingly, this criminal revision is disposed of finally. September 15, 2025 Ashok Gupta CRLR No. 4690 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad