HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5498 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 impugne ex-parte judgment and order dated 30.07.2025 passed by Additinal Principal Judge, Family Court, Court No.1, Kanpur Nagar in Case No.1289/2024 (Smt. Sonam Vishwakarma vs. Varun Vishwakarma) under Section 125 Cr.P.C., Police Station Rawatpur, District Kanpur Nagar by which trial court has awarded the maintenance Rs.10,000/- per month to opposite party no.2 from the date of application and also prays to stay the effect and operation of the ex-parte order dated 30.07.2025. It is submitted by learned counsel for the revisionist that opposite party no.2 is wife who is living apart from him without any sufficient cause and filed an application u/s 125 Cr.P.C. which was decided by the learned trial court ex- parte by order dated 30.07.2025 fixing the amount of Rs.10,000/- per month as maintenance in favour of wife. Further submits that no opportunity of hearing was given to him, therefore, request to set aside the ex-parte order dated 30.07.2025 and to decide the case on merit after giving opportunity of hearing to him. He also submits that no application u/s 126(2) Cr.P.C. has been moved by the revisionist before the learned trial court for recall of order though this remedy was available to him. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist has option to move an application for recall of ex-parte order dated 30.07.2025 passed under Section 126(2) Cr.P.C./145(2) B.N.S.S. and Versus Counsel for Revisionist(s) : Pradip Kumar Shukla Counsel for Opposite Party(s) : G.A. Varun Vishwakarma @ Varun Kumar Sharma .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) the learned trial court will pass the appropriate order. 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 30.07.2025 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 30.07.2025 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 16, 2025 Ashok Gupta CRLR No. 5498 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad