Neutral Citation No. - 2025:AHC:137817 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 44655 of 2024 Applicant :- Haneef @ Bhediya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anmol Kumar Dubey,Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Piyush Kumar Kushwaha, Advocate holding brief of Sri Ishwar Chandra Tyagi, learned counsel for the applicant and Sri Madhvendra Pratap Singh, learned A.G.A. for the State are present. The present application under Section 528 of the B.N.S.S has been filed to quash the order dated 08.12.2022 passed by Principal Judge Family Court, Shamli at Kairana in Execution of Maintenance Case No. 332 of 2019 arising out of an application under Section 125 of Cr.P.C. as well as order dated 15.02.2024 passed by Principal Judge Family Court, Shamli at Kairana in Execution of (Maintenance) Case No. 367 of 2023, arising out an application under Section 128 of Cr.P.C. whereby the recovery warrant has been issued against the applicant to recover the arrears of maintenance amount against the applicant. Learned counsel for the applicant does not want to press the relief for quashing the order dated 08.12.2022. In view of the above, the relief for quashing the order dated 08.12.2022 is dismissed as not pressed. Learned counsel for the applicants submits that the impugned orders 15.02.2024 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 the recovery of arrears of maintenance by issuing recovery 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 recovery 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 order dated 15.02.2024 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). Order Date :- 13.8.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad