HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39273 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard Sri Sanjay Kumar Srivastava, learned counsels for the applicant, learned AGA for the State and perused the record. The present application under Section 528 of the B.N.S.S has been filed to quash the orders impugned dated 4.9.2025 and 15.09.2025 passed by the Court of learned Family Judge, Family Court, Sambhal at Chandausi issuing direction to deposit the entire amount and also issuing arrest warrant (AW)/NBW against the applicant as well as the entire proceeding of Execution Case No. 365 of 2025 (Smt. Preeti vs. Ashokveer) under Section 144(3) of B.N.S.S., P.S. Kudhfatehgarh, District Sambhal, pending in the Court of learned Family Judge, Family Court, Sambhal at Chandausi. Learned counsel for the applicant submits that the impugned orders dated 4.9.2025 and 15.09.2025 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 the recovery of arrears of maintenance by issuing recovery warrant as well as arrest warrant against the applicant without following the procedure as Versus Counsel for Applicant(s) : Sanjay Kr. Srivastava Counsel for Opposite Party(s) : G.A. Ashok Veer .....Applicant(s) State of U.P. and Another .....Opposite Party(s) provided in the Civil Procedure Code. The matter is related to settled position of law. There is no other point for consideration except issuing recovery warrant as well as arrest 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 partly allowed and the orders dated 04.09.2025 and 15.09.2025 are 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 the law laid down by the Supreme Court in Rajnesh (supra). October 9, 2025 Puspendra NA528 No. 39273 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad