Neutral Citation No. - 2025:AHC:138373 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29588 of 2025 Applicant :- Rubi Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshman Tripathi,Suryansh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Lakshman Tripathi, learned counsel for the applicant as well as Sri Kripa Shankar, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to decide the application dated 29.05.2025 moved by applicant in complain case no. 700 of 2019 (Rubi Gupta Vs. Vishal Gupta) under section 12 under Protection of Women from Domestic Violence Act P.S. Dashashwmegh, District Varanasi by which applicant prayed to issue recovery warrant against opposite party no. 02 for the balance payment of Rs.3,35,000/- which is still pending before learned J.M.III, Varanasi. 3. Learned counsel for the applicant has submitted that on 06.01.2020, the First Judicial Magistrate, Varanasi proceeded to accord interim maintenance to the applicant to the tune of Rs. 15,000/- against which an Appeal No. 12 of 2020 came to be preferred by the opposite party no. 2 which came to be allowed partly while modifying the order that instead of payment of 15,000/-, 7,000/- was to be paid against which a Criminal Revision No. 1626 of 2021 which came to be dismissed on 31.08.2021. Learned counsel for the applicant has submitted that the applicant has not been granted the benefits which she is legally entitled though has approached the Court umpteen number of times. 4. Learned AGA submits that once a procedure is provided under the provisions of the D.V. Act the the applicant is proceedings with the same. 5. Having heard the submission so made across the bar, the Court is of the opinion that, in case, the order passed by the appellate court as affirmed in the criminal revision by this Court has attained finality and the applicant is not getting the due benefits which she is legally entitled to and it is for the applicant to take appropriate measures and resort to the provisions of the Domestic Violence Act, 2005. 6. With the aforesaid observations, the application stands disposed of. Order Date :- 13.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad