Neutral Citation No. - 2025:AHC:125845 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7297 of 2025 Applicant :- Balveer Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jai Raj Counsel for Opposite Party :- G.A.,Vipin Chandra Pandey Hon'ble Sanjay Kumar Pachori,J. Heard Sri Jai Rai, learned counsel for the applicant, Vipin Chandra Pandey, learned counsel for private opposite party no.2 and Smt. Ladli Pandey, learned A.G.A. for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the orders dated 02.12.2024 passed by Additional Principal Judge, Family Court, Court No.1, Agra in Execution Case No. 1131 of 2024 (Nandani @ Chinki Vs. Balveer Singh), arising out of an application under Section 125(3) of Cr.P.C., whereby Family Court issued recovery warrant against the applicant to recover the arrears of maintenance amount. Learned counsel for the applicants submits that the impugned order 02.12.2024 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 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 02.12.2024 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. Order Date :- 29.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad