Neutral Citation No. - 2025:AHC:131835 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9688 of 2025 Applicant :- Ankit Lohiya Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pramod Kumar Dwivedi,Surya Bhan Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Pramod Kumar Dwivedi, learned counsel for the applicant and Sri V.K. Mishra, learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the orders dated 24.10.2024 passed by Principal Judge Family Court, Gorakhpur, in Execution (Maintenance) Case No. 289 of 2022 (Smt. Neetu Gupta vs. Ankit Lohiya), arising out of an application under Section 128 of Cr.P.C., whereby Family Court issued recovery warrant and non-bailable warrant against the applicant for recovery of arrears of maintenance. Learned counsel for the applicant submits that the impugned order 24.10.2024 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 and 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. In view of the above facts and circumstances, the application is allowed and the order dated 24.10.2024, is 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. Order Date :- 5.8.2025/A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad