HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39960 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsels for the applicant, learned AGA for the State and perused the record. The present application under Section 528 B.N.S.S. has been filed by the applicant with a prayer to allow this application and to quash the recovery warrant dated 08.10.2024 and Non Bailable Warrant dated 19.02.2025 passed by learned Additional Principal Judge, Family Court, Firozabad in Misc. Case no. 1252 of 2022 (Sadhna Vs. Nishant) under section 125(3) of Cr.P.C. Police Station-Mahila Thana, District-Firozabad, pending in the court of Ist Additional Principal Judge, Family Court, Firozabad. Learned counsel for the applicant submits that the court below has illegally passed the order on 05.07.2022 on an application filed by the opposite party no. 2 under Section 125 Cr.P.C. without considering the sufficient reason to live separate from her husband and awarded the maintenance in favour of opposite party no. 2. It has also been submitted that the learned court below has not complied with the provisions to execute the order dated 05.07.2022 and illegally issued the recovery warrant on 08.10.2024 and non-bailable warrant dated 19.02.2025 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 Versus Counsel for Applicant(s) : Dewendra Singh, Vivek Upadhyay Counsel for Opposite Party(s) : G.A. Nishant Arele @ Nishant Kumar .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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 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 recovery warrant as well as 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 partly allowed and the recovery warrant dated 08.10.2024 and non-bailable warrant dated 19.02.2025 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 15, 2025 Puspendra NA528 No. 39960 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad