HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33692 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Learned counsel for the applicants submits that due to inadvertence the prayer has been wrongly mentioned. Learned counsel for the applicants is permitted to correct the same during the course of hearing. Sri Shaimuddin, Advocate holding brief of Sri Ziya Uddin, learned counsel for the applicants and Sri B.N. Upadhyay, brief holder for the State are present. The present application under Section 528 of the B.N.S.S has been filed to quash the order dated 10.12.2024 passed by Additional Principal Judge Family Court, Court No. 2 Allahabad in Execution of Maintenance Case No. 10 of 2021 arising out of an application under Section 128 of Cr.P.C. whereby the recovery warrant has been issued against the applicant to recover of arrears of maintenance. Learned counsel for the applicants submits that the impugned order 10.12.2024 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 Versus Counsel for Applicant(s) : Rehan Sayeed, Rizwan Sayed, Ziya Uddin Counsel for Opposite Party(s) : G.A. Anisa Begam And 2 Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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 against the applicants 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 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 allowed and the order dated 10.12.2024 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, as per law laid down by the Supreme Court in Rajnesh (supra). September 4, 2025 Ishan NA528 No. 33692 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad