HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34438 of 2024 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. List of cases has been revised. None is present on behalf of private opposite party no. 2 to press this application. Sri Hardev Singh, learned counsel for the applicant and Sri Alok Kumar Mishra, learned A.G.A for the State are present. The present application under Section 528 of B.N.S.S, to quash the impugned order dated 28.08.2024, passed by learned Court of Principal Judge, Family Court, Chandauli in Execution Case No. 591 of 2023 - (Sananda Vs. Sandeep), arising out of an application under Section 128 Cr.P.C pending in the Court of learned Principal Judge, Family Court, Chandauli, whereby non-bailable warrant has been issued against the applicant to recover the arrears of maintenance. Learned counsel for the applicants submits that the impugned order 28.08.2024 has been passed without considering the facts and circumstances and position of law as law laid down by the Supreme Court in Rajnesh Vs. Neha & Anr. (2021) 2 SCC 324, wherein it has been directed that the enforcement/execution of orders of maintenance, may be enforced under Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as may be applicable. The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the C.P.C., more particularly Sections 51, 55, 58, 60 read with Order XXI of C.P.C. It is further submitted that the impugned order has been passed to enforce Versus Counsel for Applicant(s) : Hardev Singh, Ramesh Chandra Agrahari Counsel for Opposite Party(s) : G.A., Roopesh Kumar Nigam, Udantika Sandeep Kumar Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) the recovery of arrears of maintenance by issuing non-bailable warrant against the applicant without following the procedure as provided in the Civil Procedure Code. The matter is related to settled position of law. There is no other point for consideration except issuing non-bailable warrant to recover the arrears of maintenance, due to this reason, the opportunity to call the counter affidavit from the opposite party no. 2 is dispensed with. In view of the above facts and circumstances, the application is allowed and the order dated 28.08.2024 is hereby quashed. It is made clear that the court concerned may proceed to enforce or recover the arrears of maintenance amount as money decree of a civil court as per provisions of the Code of Civil Procedure, as per law laid down by the Supreme Court in Rajnesh (supra). September 9, 2025 Vinod. NA528 No. 34438 of 2024 2 (Sanjay Kumar Pachori, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad