Neutral Citation No. - 2025:AHC:116146 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13714 of 2025 Applicant :- Surendra Ram Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashi Ranjan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Shashi Ranjan Srivastava, learned counsel for the applicant and Smt. Ladli Pandey, 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 4.1.2025 and 5.2.2025 passed by Additional Principal Judge Family Court, Ist, Gorakhpur, in Execution Case No. 616 of 2021 (Yamini Saurabh vs. Surendra Ram), arising out of an application under Section 128 of Cr.P.C., whereby recovery warrant and arrest warrant have been issued against the applicant for recovery of arrears of maintenance. Learned counsel for the applicants submits that the impugned orders 4.1.2025 and 5.2.2025 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 orders have 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 4.1.2025 and 5.2.2025, 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. Order Date :- 17.7.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad