Neutral Citation No. - 2025:AHC:134189 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18777 of 2025 Applicant :- Dharmendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Vipul Sharma, Advocate holding brief of Sri Devesh Kumar Sharma, learned counsel for the applicant and Sri S.P. Maurya, learned Brief Holder for the State. During the course of hearing, learned counsel for the applicant is permitted to correct the prayer clause of the application. The present application under Section 528 of the B.N.S.S has been filed to quash the order dated 1.10.2024 passed by Additional Principal Judge, Family Court, Mathura in Maintenance Case No. 631 of 2020 (Smt. Raveena Vs. Dharmendra) arising out of an application under Section 125 of Cr.P.C. as well as the order dated 17.04.2025 passed in Execution (Maintenance) Case No.3 of 2025 (Raveena Vs. Dharmendra) arising out of an application under Section 144(3) of B.N.S.S. (125(3) of Cr.P.C.), whereby the recovery warrant has been issued to recover the arrears of maintenance amount against the applicant. After some argument, learned counsel for the applicant submits that he does not want to press the relief to quash ex-parte judgment dated 1.10.2024 passed in Maintenance Case No.631 of 2020. The aforesaid relief is dismissed as not pressed. Learned counsel for the applicants submits that the impugned order 17.04.2025 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 recovery warrant against the applicant 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 partly allowed and the order dated 17.04.2025 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 law laid down by the Supreme Court in the case of Rajnesh (supra). Order Date :- 7.8.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad