Neutral Citation No. - 2025:AHC:115164 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 21618 of 2025 Applicant :- Tanveer Mehndi Alias Tanveer Haider Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Sarve Nazir, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present. The present application u/s 528 of BNSS of 2023 has been filed with prayer to quash the order dated 04.04.2025 passed by Additional Principal Judge, Family Court, Jalaun at Orai in Maintenance Case No. 860 of 2023 (Smt. Shazia Bano Naqvi vs. Tanveer Mehdi @ Tanveer Haider), under Section 128 of Cr.P.C., whereby recovery warrant/Non-Bailable Warrant has been issued and District Magistrate & Superintendent of Police have been directed to recover the maintenance amount. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and the 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 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. The impugned order dated 04.04.2025 is set-aside with the direction that the court may enforce the arrears of maintenance as law laid down by the Supreme Court in Rajnesh (supra). 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. In view of the above, the present application is disposed off accordingly. Order Date :- 16.7.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad