Neutral Citation No. - 2025:AHC:74226 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6268 of 2025 Applicant :- Ajay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Omvir Singh Rajpoot, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the quash the order dated 11.10.2022 passed in Case No. 103 of 2022 (Rashmi Vs. Ajay Kumar) Under Section-12 of the Protection of Women from Domestic Violence Act, 2005 by the Judicial Magistrate, Atrauli, District-Aligarh, whereby directed the applicant for payment of Rs. 4000/- monthly to the opposite party no.2 (wife) as an interim maintenance. 3. Learned A.G.A. has raised a preliminary objection regarding maintainability of the present proceeding, as the present application has been preferred by the applicant questioning the order dated 11.10.2022 passed under Section 12 of the Domestic Violence Act, against which an appeal is maintainable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute the said fact. But he submits that the appeal would be barred by limitation. 5. Learned A.G.A. submits that the applicant may take all the legal and valid ground for condonation of delay. 6. Having heard the submissions so made across the Bar, this Court is of the opinion that since a remedy lies of an appeal under Section 29 of the D.V. Act, thus this Court is not inclined to interfere in the present proceedings. However, liberty is accorded to the applicant to prefer an appeal before the forum as provided under Section 29 of the D.V. Act. 7. In the opinion of the Court, once an appeal is preferred taking all the grounds, which are permissible for condonation of delay, then this Court has no reason to disbelieve, that the same shall be decided with most expedition strictly in accordance with the law of the land. 8. With the above observations, the application stands disposed of. Order Date :- 8.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad