Neutral Citation No. - 2025:AHC:114576 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22271 of 2025 Applicant :- Manish Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Giriraj Pandey (AoR A/G 0086/2022) holding brief of Sri Rajesh Kumar Mishra, learned counsel for the applicant and Sri Ram Awadh Maurya, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been preferred for quashing the ex-parte judgment and orders dated 03.09.2024 in complaint case no. 2102 of 2021 (Smt. Nidhi Jaiswal Versus Manish Jaiswal and others) and to dismiss the complaint with cost and further be pleased to stay the operation and effect of judgment and order dated 03.09.2024 including the further proceeding of Misc. Case No. 5362 of 2024 u/s 31 of the Domestic Violence Act pending in the Court of Metropolitan Magistrate Ist Commissionerate, Kanpur Nagar. 3. Learned State Law Officer has raised a preliminary objection regarding the maintainability of the present proceedings on the ground that the applicant has an alternative remedy of preferring appeal under Section 29 of the D.V. Act. 4. Learned counsel for the applicant has not disputed the said fact. 5. Accordingly, the application stands disposed of granting liberty to the applicant to prefer appeal under Section 29 of the DV Act. Since, an appeal lies under the ex parte order passed under Section 12, 18, 20, 22 of the D.V. Act. At this stage, learned counsel for the applicant submits that there is delay in preferring the appeal, the delay be condoned. 6. In the opinion of the Court, once justifiable grounds are taken for condonation of delay. This Court has no reasons to disbelieve that the same shall be considered in accordance with law. Order Date :- 16.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad