Neutral Citation No. - 2025:AHC:79883 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13703 of 2025 Applicant :- Arvind Alias Bablu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jay Prakash Singh Counsel for Opposite Party :- G.A.,Shekhar Singh Hon'ble Vikas Budhwar,J. 1. Heard Sri Jai Prakash Singh, learned counsel for the applicant as well as Sri B.S. Kushwaha, learned AGA for the State and Sri Shekhar Singh, learned counsel for the opposite party no. 2. 2. This application u/s 528 of BNSS has been preferred to set aside/quash the impugned interim order dated-21.01.2025, passed by the Judicial Magistrate/ Civil Judge (J.D.)/F.T.C. Court No.1, Agra, in Case No. 29779 of 2021 (Smt. Sunita Kumari and another Vs. Arvind @ Bablu and others), Under Section 12/19 Domestic Violation Act, Police Station- Etmaddaula, District- Agra. 3. Learned counsel for the opposite party no. 2 has raised a preliminary objection regarding the maintainability of the present proceedings on the ground that under the orders passed under Section 19 of the DV Act, appeal lies under Section 29 of the Act. 4. Learned counsel for the applicant could not dispute the said fact. 5. Accordingly, interference is declined, the application stands disposed of granting liberty to the applicant to file an appeal under Section 29 of the Act. At this stage, learned counsel for the applicant submits that there would be delay in filing the appeal, the delay be condoned. Learned counsel for the opposite party no. 2 submits that it is always open for the applicant to take valid and justifiable ground for condonation of delay. 6. In the opinion of the Court, once a delay condonation application is preferred in the appeal, then the Court shall decide the same in correct perspective. 7. Certified copy be returned subject furnishing photocopy of the same. Order Date :- 14.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad