HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION DEFECTIVE No. - 1862 of 2026 Court No. - 86 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard Sri Abhishek Gupta, learned counsel for the revisionist and Sri Shashidhar Pandey, learned A.G.A. for the State. 2. Learned counsel for the revisionist submits that the instant criminal revision has been preferred with the relief which has been mentioned in the prayer clause as there is delay of 341 days in filing this revision. The relief mentioned in the prayer clause of the revision is delineated below:- "It is, therefore, most respectfully that prayed this Hon'ble Court may graciously be pleased to allow the present Criminal Revision and to set aside the ex-parte order dated 05.07.2025 passed by Principal Judge Family Court, Budaun by Oust which the revisionist was directed to pay Rs. 3,000/- per mont.h as maintenance to the opposite party no.2 from the date of application and also may graciously be pleased to quash the proceeding of Execution Case No. 1213 of 2025 (Parul Vs. Mukesh Kumar) under section 147 BNSS pending in the court of Principal Judge, Family Court, Budaun in pursuance of the ex-parte order dated 05.07.2025. arising Out of Case No.708/2024 And/or pass such other and further or order direction which this Hon'ble Court, may deem fit and proper under the Versus Counsel for Revisionist(s) : Samsher Singh Yadav, Abhishek Gupta Counsel for Opposite Party(s) : G.A. Mukesh Kumar @ Jai Singh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) circumstances of the case." 3. Learned counsel for the revisionist submits that the impugned ex parte order dated 05.07.2025 has been passed without providing opportunity of hearing to the revisionist. He further submits that the wife of the revisionist/opposite party no.2 filed an application seeking maintenance from the revisionist on 15.05.2024 and the trial court has granted maintenance amount from the date of application to the tune of Rs.3000/- per month vide impugned ex parte order dated 05.07.2025. He further submits that the revisionist has already paid Rs.21,000/- in compliance of order dated 05.07.2025 and the revisionist has not filed any application under Section 126(2) Cr.P.C./145(2) BNSS. He further submits that the revisionist is ready to clear the entire dues in respect of arrears of maintenance amount, if any, within a period of two months i.e. upto November, 2026. He further submits that if the revisionist deposits the entire dues of arrears of the maintenance amount upto November, 2026, he may be permitted to place his evidence before the trial court and the trial proceedings of the maintenance case may be adjudicated as per the law laid by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another, (2021) 2 Supreme Court Cases 324 as well as interim maintenance provided under Section 125(3) Cr.P.C. and 144(3) BNSS within the stipulated period. 4. On the submission and undertaking of learned counsel for the revisionist, this Court, in the interest of justice, directs the Principal Judge, Family Court, Budaun to accept the arrears of maintenance amount which may be either Rs.72,000/- or more or less than that, upto November, 2026. In case, the arrears of maintenance amount is not deposited within the stipulated period by the revisionist, the trial court may proceed to execute the order dated 05.07.2025 by attaching the property of the revisionist to recover the said amount and in case, the property is found insufficient, then the trial court shall send the CRLRD No. 1862 of 2026 2 revisionist to civil prison for 30 days for every default. If the amount is deposited, the trial court shall provide opportunity of hearing to the revisionist treating as this Court has set aside the order dated 05.07.2025 and the interim application, if any, filed, the same shall be decided within 60 days from the date of its filing and the proceedings of Section 125 Cr.P.C./144 BNSS shall also be decided by the Principal Judge, Family Court, Budaun as early as possible after providing opportunity of hearing to the parties and without granting any unnecessary adjournment to either parties. 5. With the aforesaid direction, the revision is disposed of. September 23, 2026 Manish Himwan CRLRD No. 1862 of 2026 3 (Praveen Kumar Giri,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad