Neutral Citation No. - 2025:AHC:144553 Court No. - 84 Case :- CRIMINAL REVISION No. - 4635 of 2025 Revisionist :- Niranjan Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ram Kumar Dubey 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 prayer to allow this revision and quash the impugned order dated 07.07.2025 passed by Additional Principal Judge, Family Court, Moradabad in Maintenance Case No.380 of 2023 (Old Maintenance Case No.291 of 2019) (Smt. Triveni Devi @ Neha vs. Niranjan Singh) under Section 126(2) Cr.P.C., Police Station Dhampur, District Moradabad and also prays to stay the effect and operation of the order dated 07.07.2025. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife of the revisionist who is living apart from him without any sufficient reason and filed an application u/s 125 Cr.P.C. in the year 2019 which was allowed ex-parte by the order dated 14.03.2023. He moved an application u/s 126(2) Cr.P.C. for setting aside the order dated 14.03.2023 which was allowed by the learned trial court but condition was imposed that he is to pay Rs.1,15,000/- and thereafter, Rs.1,15,000/- divided into three equal installments as maintenance to the wife. He further submits that the amount as ordered by the learned trial court to be paid is excessive or beyond his paying capacity, therefore, request to reduce the amount. Learned A.G.A. opposed the prayer as aforesaid. 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 dated 14.03.2023 allowing the application u/s 125 Cr.P.C. ex-parte and the order dated 07.07.2025 passed u/s 126(2) Cr.P.C., it appears that due to neglect of the revisionist the wife is living apart from him regarding which she filed an application u/s 125 Cr.P.C. before the learned trial court in which the revisionist appeared and filed objection thereafter, he became absent and case was proceeded ex-parte. Neither he appeared nor filed any application to recall of the ex-parte order as a result final order was passed on 14.03.2023 fixing the amount of maintenance Rs.10,000/- per month in favour of wife from the date of application i.e. from the year 2019. The revisionist filed an application u/s 126(2) Cr.P.C. in the year 2023 for setting aside the order passed ex-parte. The learned trial court allowed the application u/s 126(2) Cr.P.C. taking into account the total amount of maintenance from the year 2019 that was Rs.4,60,000/- out of which learned trial court directed to pay Rs.2,30,000/- in favour of wife and also directed the revisionist to make deposit of amount of Rs.1,15,000/- and remaining amount of Rs.1,15,000/- was divided into three equal parts i.e. Rs.38,333/- to be payable at the interval of one month. Since the revisionist has not paid any amount to the wife from the year 2019 and knowingly he became absent from the proceedings of the case u/s 125 Cr.P.C. as a result ex-parte order was passed against him, thereafter, the learned trial court has passed the order dated 07.07.2025 on application u/s 126(2) Cr.P.C. by which the ex- parte order has been set aside on condition of payment of one fourth amount of maintenance to be paid by the revisionist and other one fourth to be paid in three equal installments amounting to Rs.38,333/-. In considered opinion of this Court, it will be just and proper to direct the revisionist to make payment of amount of maintenance Rs.1,15,000/- within 30 days from today before the learned trial court that will be paid to the opposite party no.2/wife as maintenance and it will be subject to adjustment in the amount of maintenance finally settled by the learned trial court and in respect of remaining amount of Rs.1,15,000/- the revisionist may file an application before the learned trial court to divide it into easy installments (more than three) for payment which the learned trial court will consider and accordingly direct the amount to be paid. Accordingly, this criminal revision is disposed of at the admission stage itself. Order Date :- 22.8.2025 Ashok Gupta CRLR No. 4635 of 2025 2 Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad