Neutral Citation No. - 2025:AHC:47610 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10100 of 2025 Applicant :- Shakush Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Learned counsel for the applicant and learned AGA for the State are present. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been preferred against the ex-parte judgement dated 23.01.2025, passed by the Principal Judge, Family Court, Shahjahanpur in maintenance case No. 446 of 2023, under Section 125 Cr.P.C., Police Station Sadar Bazar, District Shahjahanpur, whereby the Family Court has granted maintenance in favour of opposite party Nos. 2 and 3. 3. It is well settled that against an ex-parte judgement passed by the Family court under Section 125 Cr.P.C., applicant has remedy under Section 126(2) Cr.P.C. for recalling of the said ex-parte judgement. As there is alternative remedy available to the applicant, thus, the present application under Section 528 BNSS is not maintainable. 4. In view of the aforesaid, the instant application under Section 528 BNSS is dismissed as not maintainable with liberty to the applicant to avail appropriate remedy that may be available under the law. 5. Certified copy of the order available on record, if any, may be returned to the learned counsel for the applicant after obtaining photocopy of the same on record. Order Date :- 4.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad