Neutral Citation No. - 2025:AHC:124646 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16832 of 2025 Applicant :- Ram Sahay Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Learned counsel for the applicant is permitted to correct the prayer clause of the application, during the course of the day. Heard Shri Muktesh Kumar Singh, learned counsel for the applicant and Sri Vijay Kumar Mishra, learned Brief Holder for the State. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 16.7.2025 passed by Additional Principal Judge, Family Court-IIIrd, Jaunpur in Execution (Maintenance) Case No.1446 of 2020, whereby the recovery warrant has been issued against the applicant to recover the arrears of maintenance. Learned counsel for the applicants submits that the impugned order 16.7.2025 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 16.7.2025 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 :- 28.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad