Neutral Citation No. - 2025:AHC:110795 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 24188 of 2025 Applicant :- Ambrish Srivastava Alias Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajesh Kumar Pandey, learned counsel for the applicant and Sri Bhuwal Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 19.04.2023 passed by Civil Judge (Jr.Div.)/F.T.C. (Crime Against Women), Hamirpur in Case No.65 of 2019 (Smt. Priyanka @ Simmi Vs. Ambrish Srivastava and others) under section 12 Protection of Women from Domestic Violence Act, 2005, Police Station Kotwali, District Hamirpur, by which the learned court concern without considering the facts and objection filed by the applicant directed to pay Rs. 4000/- as maintenance to the opposite party no.2 illegally and arbitrary. 3. Learned A.G.A. has raised preliminary objection regarding maintainability of the present application, particularly on the premise that against an exparte order passed under section 12 of Domestic Violence Act, an appeal lies under Section 29 of the Act. 4. Learned counsel for the applicant could not dispute the said fact. 5. Accordingly the application stands disposed of granting liberty to the applicant to prefer an appeal under Section 29 of the Act. 6. At this stage, learned counsel for the applicant submits that there would be delay in filing the appeal. 7. In the opinion of the Court, in case, a delay condonation application is preferred taking justifiable grounds, then this Court has no reason to disbelieve that the same shall be decided in correct perspective. Order Date :- 11.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad