HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39309 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The application has been filed with the following prayer:- "It is therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present application and suitably modify the impugned ex parte order dated 28.01.2025 passed in Case No. 11251 of 2022 (Smt. Suprita Singh vs. Sumit Rao & Others), under Section 12 of the Protection of Women from Domestic Violence Act, 2005, by the Court of the learned Additional Chief Judicial Magistrate, Court No. 19, Deoria. The modification sought is limited to the residence direction, inasmuch as instead of compelling the wife to forcibly cohabit in the joint family household-an arrangement which has already resulted in repeated quarrels, police intervention, harassment and imminent breach of peace- this Hon'ble Court may be pleased to substitute such direction with a more equitable order requiring the applicant/husband to secure for her an alternate suitable accommodation of the same level, dignity and standard as the matrimonial/shared residence, or, in the alternative, to pay reasonable monthly rent for such accommodation as may be determined by this Hon'ble Court. Such a modification, it is humbly submitted, will balance equities, protect the dignity and safety of the wife, safeguard the peace and rights of the husband and his family, and prevent further abuse of process or law-and-order complications. It is further prayed that during the pendency of the present application, this Hon'ble Versus Counsel for Applicant(s) : Dhananjay Pundir Counsel for Opposite Party(s) : G.A. Sumit Rao .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Court may be pleased to stay the operation of the impugned order dated 28.01.2025 to the extent that it directs the wife to forcibly reside in the joint family residence, so as to prevent irreparable injury, continued harassment, and disturbance of public peace, and to secure the ends of." 3. Learned A.G.A. has pointed out that against the impugned order under Section 29 of the Protection of Women from Domestic Violence Act, 2005 the applicant has a remedy of filing an appeal. 4. Learned counsel for the applicant does not dispute the aforesaid fact and submits that he may be permitted to file an appeal. 5. In view of the submission made by learned counsel for the applicant, the present application is disposed of with liberty to the applicant to file an appeal before the Appellate Court within thirty days from today. In the event, appeal is filed within thirty days from today, the same shall be considered on merits without going into the question of limitation. October 10, 2025 VMA NA528 No. 39309 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad