Neutral Citation No. - 2025:AHC:115901 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3354 of 2025 Applicant :- Nirmal Krishna Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Kalp Dev Mishra, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 482 of the Cr.P.C. has been filed to quash the order dated 16.10.2023 and 07.12.2024 passed by Principal Judge Family Court, Kanpur Nagar in Execution of Maintenance Case No. 2357 of 2022 arising out of an application under Section 125(3) of Cr.P.C. whereby the recovery warrant and arrest warrant respectively has been issued in recovery of arrears of maintenance. Learned counsel for the applicants submits that the impugned orders 16.10.2023 and 07.12.2024 have 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 non- bailable warrant against the applicant or attachment without following the procedure as provided in the Civil Procedure Code. The matter is related to settled position of law. In view of the above facts and circumstances, the application is allowed and the order dated 16.10.2023 and 07.12.2024 are hereby quashed. It is made clear that the court concerned shall 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. The case of Criminal Revision (D) No. 180 of 2025, connected with the present case is disconnected. Order Date :- 17.7.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad