Neutral Citation No. - 2025:AHC:115582 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 24961 of 2025 Applicant :- Smt. Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Anand Kumar Singh learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the interim order dated 21.08.2024 passed under Section 23 of the Protection of Women From Domestic Violence Act, 2005 in Complaint Case No. 4445 of 2019 (Smt. Suman Jatav Vs Mukesh Kumar & others), under Section 12 of the Protection of Women From Domestic Violence Act, 2005, Police Station Raipurva, District Kanpur Nagar, Pending in the court of Judicial Magistrate, Court No. 8, Kanpur Nagar. 3. Learned Stater Law Officer has preliminary objection regarding maintainability of the present application on the ground that the order dated 21.8.2024 passed under Section 23 of the Domestic Violence Act granting interim maintenance is appealable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute to the said legal position. However, he submits that in case the applicant prefers appeal then it would be delayed thus the delay be condoned. 5. Having heard the submissions so made across the bar, the application stands disposed of, once the remedy of appeal under Section 29 of the D.V. Act is itself provided, it is for the applicant to take recourse to the said proceeding and in case there is delay then it is also open for the applicant to take justifiable ground for condonation of delay. Order Date :- 17.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad