HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28511 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Shree Prakash Upadhyay, learned counsel for the applicants and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the impugned ex-parte order dated 20.11.2024 passed by the Judicial Magistrate, Court No.2, Varanasi in Case No. 2585 of 2022 (Sarita Gupta Vs. Naveen Kumar and others), under section 12 of Protection of Women from Domestic Violence Act, whereby the applicant no.1 has been directed to pay Rs.35,000/-per month as maintenance to the opposite party no.2 and also the amount of Rs.3,50,000/-in lump-sum as compensation. 3. Learned A.G.A. has raised a preliminary objection regarding maintainability of the present proceeding on the ground that the order under challenge dated 20.11.2024 is appealable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute the said fact, but he submits that the appeal would be barred by limitation. 5. Learned A.G.A. submits that the applicant may take all the legal and valid ground for condonation of delay. 6. Having heard the submissions so made across the Bar, this Court is of the opinion that since a remedy lies of an appeal under Section 29 of the Versus Counsel for Applicant(s) : Shree Prakash Upadhyay Counsel for Opposite Party(s) : G.A. Naveen Kumar And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) D.V. Act, thus this Court is not inclined to interfere in the present proceedings. However, liberty is accorded to the applicant to prefer an appeal before the forum as provided under Section 29 of the D.V. Act. 7. In the opinion of the Court, once an appeal is preferred taking all the grounds, which are permissible for condonation of delay, then this Court has no reason to disbelieve, that the same shall be decided with most expedition strictly in accordance with the law of the land. 8. With the above observations, the application stands disposed of. September 11, 2025 N.S.Rathour NA528 No. 28511 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad