HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5244 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 a prayer to allow the present revision and set aside the judgment and order dated 31.05.2025 passed by the learned Principal Judge, Family Court No. 3, Bulandshahr in Maintenance Suit No. 908/2024 (Smt. Rinkesh & others Vs. Chaman Singh), C.N.R. No. UPBU020021232024, under Section 125 Cr.P.C., Police Station Chhatari, District Bulandshahr and further prays to stay the operation of aforesaid order during the pendency of this revision. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife, 3, 4 and 5 are minor children born from the wedlock. He further submits that without any sufficient reason wife is living apart from him and filed an application under Section 125 Cr.P.C. which was decided ex-parte by the learned trial court dated 31.05.2025 fixing the amount of maintenance Rs. 7,000/-per month in favour of wife and Rs. 5,000/- per month in favour of each child, total Rs. 22,000/- per month. He also submits that no opportunity of hearing was given to him, therefore, request to set aside the order passed ex parte dated 31.05.2025 by the learned trial court and to decide the case on merit after giving opportunity of hearing to the revisionist. Learned A.G.A. opposed the prayer as aforesaid and contended that despite notice the revisionist become absent that was the reason order passed ex- Versus Counsel for Revisionist(s) : Ravi Prakash Singh Counsel for Opposite Party(s) : G.A. Chaman Singh .....Revisionist(s) State Of U.P. And 4 Others .....Opposite Party(s) parte. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, it appears that the order in question was passed ex-parte by the learned trial court vide order dated 31.05.2025 fixing the amount Rs. 22,000/- per month as maintenance against the revisionist regarding which he has an option to move an application for recall under Section 145 (2) B.N.S.S. Proviso to Section 126(2) Cr.P.C./145(2) B.N.S.S. which is as under: "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 the proviso to Section 126(2) Cr.P.C./145(2) BNSS the revisionist is directed to file an application u/s 126(2) Cr.P.C./145(2) BNSS before the learned trial court within a period of 30 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 without granting any unnecessary adjournment to either of the parties. Accordingly, this revision is disposed of finally. September 16, 2025 Suraj Srivastav CRLR No. 5244 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad