Neutral Citation No. - 2025:AHC:116037 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14910 of 2025 Applicant :- Shyamsher Singh Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Chaubey,Deepmala Asoliya Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Abhishek Kumar Chaubey, learned counsel for the applicant and Shri R.K. Singh, learned A.G.A. for the State. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 3.1.2025 passed by Principal Judge, Family Court, Chandauli in execution of Maintenance Case No. 36 of 2023, arising out of an application under Section 128, Cr.P.C., Police Station Chakia, District Chandauli, whereby Non-Bailable Warrant has been issued against the applicant through Superintendent of Police to recover the arrears of maintenance. Learned counsel for the applicant submits that the impugned order 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 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 3.1.2025 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 the provisions of the Code of Civil Procedure. Order Date :- 17.7.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad