Neutral Citation No. - 2025:AHC:112645 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 20829 of 2025 Applicant :- Zafar Iqbal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Umesh Kumar, learned counsel for the applicant and Ms. Somya Madhyan, 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 12.11.2024 passed by Principal Judge, Family Court, Jalaun at Orai in Maintenance Execution Case No. 266 of 2024 arising out of application under Sections 128 Cr.P.C. whereby the recovery warrant/ non-bailable warrant against the applicant has been issued. Learned counsel for the applicants 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, it is directed that an order or decree 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 applicants or attachment without following the procedure as provided in the Civil Procedure Code. In view of the above facts and circumstances, nothing remains to be decided except the order of non bailable warrant against the applicant. The present application is disposed of. The order of non- bailable warrant dated 12.11.2024 is hereby quashed. The court concerned is directed to execute the maintenance order as per law provided in Rajnesh (supra). Order Date :- 14.7.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad