Neutral Citation No. - 2025:AHC-LKO:25351 Court No. - 11 Case :- MATTERS UNDER ARTICLE 227 No. - 2316 of 2025 Petitioner :- Shashi Prakash Singh Respondent :- Special Judge Pc Act-5, Lucknow And Another Counsel for Petitioner :- Sunita Dwivedi,Himanshu Tiwari Counsel for Respondent :- Prateek Tewari,Sujeet Kumar Yadav Hon'ble Rajnish Kumar,J. Heard, Ms.Sunita Dwivedi, learned counsel for the petitioner, learned A.G.A. and Shri Prateek Tiwari, learned counsel for respondent no.2. This petition has been filed challenging the order dated 06.03.2025, passed in Appeal No.287 of 2024; Shashi Prakash Singh Versus State of U.P. and others, under Section 29 of the Domestic Violence Act. Learned counsel for respondent no.2 raised a preliminary objection that this petition without challenging the order dated 01.04.2024 passed on the application of the petitioner and the Original order dated 24.07.2023, by which the maintenance has been fixed, is not maintainable. Even otherwise the submission is that the impugned appellate order has rightly been passed in accordance with law because the petitioner had not challenged the original order of maintenance dated 24.07.2023 in the appeal and only order dated 01.04.2024 has been challenged by means of which the application of the appellant for adjustment of maintenance awarded in the proceedings under Section 125 Cr.P.C. was rejected. Learned A.G.A. has also raised similar preliminary objection. Learned counsel for the petitioner could not dispute that the original order of maintenance dated 24.07.2023 was not challenged in the appeal and the orders dated 01.04.2024 and 24.07.2023 have not been challenged in this petition. However she submits that she is ready to comply the order dated 24.07.2023, but she wants only the adjustment of the maintenance fixed in the proceedings under Section 125 Cr.P.C. against the petitioner, but without considering the same the appeal has been dismissed. Therefore the petitioner is constrained to approach this court. Having considered the submissions of learned counsel for the parties and gone through the record it is admitted position between the parties that the Original order dated 24.07.2023 passed in proceedings under Domestic Violence Act in complaint case No.6938 of 2021 under Section 12 of the Domestic Violence Act was not challenged before the appellate court and the order dated 24.07.2023 and the order dated 01.04.2024 have not been challenged before this court. The appellate court has recorded a finding that the petitioner has not challenged the order dated 24.07.2023 but in fact he wants review of that order for re-fixation of the maintenance after considering the maintenance awarded in the proceedings under Section 125 Cr.P.C. and thereafter considering the maintenance allowed in both the petitions has rejected the appeal. In view of above, this petition is not maintainable and this court also does not find any illegality or error in the order passed by the trial court. The petition is, accordingly, dismissed. . ...........................................(Rajnish Kumar,J.) Order Date :- 2.5.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench