Neutral Citation No. - 2025:AHC:143679 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30714 of 2025 Applicant :- Khusiram Alias Sanjeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Sanjay Kumar Dwivedi, learned counsel for the applicant and learned AGA for the State-opposite party no. 1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the part of order dated 27-06-2025 passed by Judicial Magistrate Court no- 9, Mathura, in complaint case no. 1661 of 2023, U/s 12 D.V. Act Police Station Raya, District - Mathura by which the learned court below directed to the applicant to pay maintenance award, passed in ex-parte order dated 14-11- 2022, under Section 12 DV Act. 3. Learned AGA has raised a preliminary objection on the ground that against an order dated 14.11.2022 passed under Section 12 of the D.V. Act by the Court of Civil Judge (Junior Division), FTC, an appeal lies under Section 29 of Protection of Women from Domestic Violence Act, 2005 and so far as order dated 27.06.2025 is a consequential order. 4. Learned counsel for the applicant could not dispute the fact, however, he further submits that applicant shall be filing an appeal questioning the order under Section 29 of Protection of Women from Domestic Violence Act, 2005. 5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicant to challenge the order dated 14.11.2022 granting maintenance before the appellate forum as envisaged under Section 29 of the D.V. Act. 6. At this stage, learned counsel for the applicant submits that there would be delay in filing the appeal, the delay be condoned. In the opinion of the Court, once an application seeking condonation of delay is preferred then the same shall be considered in accordance with law. Order Date :- 21.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad