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2025 DAILYLAW 18228 (ALL)

WAHID AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4430/2025 · 2025-04-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63576 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4430 of 2025 Applicant :- Wahid And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri learned counsel for the applicant as well as Sri J.P. Gupta, learned AGA for the State. 2. This application u/s 528 of BNSS has been filed for quashing the Impugned Order dated 28.02.2023 passed by Civil Judge (Junior Division)/FTC, Rampur in Case No. 554/2021 (Smt. Shabana versus Wahid and others) under Section 12 of Domestic Violence Act Police Station-Kotwali, District- Rampur. Pending in the Court of Civil Judge (Junior Division)/FTC, Rampur. Whereby learned Court below has awarded interim maintenance Rs. 3000/- per month to O.P. No. 2. 3. At the very outset, learned AGA has raised objection regarding maintainability of the application on the ground that the order dated 28.02.2023 granting maintenance under Chapter IV of 2005 Act is an appealable order under Section 29 of the Act. To such an objection, learned counsel for the applicant has not disputed the said fact. 4. Learned counsel for the applicant could not dispute the fact. 5. Accordingly, the application stands disposed of granting liberty to the applicant to take legal remedies which are available under law. Order Date :- 24.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad