Neutral Citation No. - 2025:AHC:111728 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 21809 of 2025 Applicant :- Bablu Bhartiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Khalid,Pawan Kumar Yadav Counsel for Opposite Party :- Ankur Mehrotra,G.A. Hon'ble Sanjay Kumar Pachori,J. During the course of hearing learned counsel for the applicant has corrected the prayer clause of this application. Sri Mohd. Khalid, learned counsel for the applicant, Sri Ankur Mehrotra, learned counsel for the private opposite party no. 2 and Sri R.K. Singh, 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 21.09.2024 passed by Principal Judge, Family Court, Prayagraj in Criminal Case No. 608 of 2024 (Smt. Nisha vs. Babloo Bhartiya), arising out of an application under Section 128 of Cr.P.C., whereby Non-Bailable Warrant as well as recovery warrant has been issued against the applicant to recover the arrears of maintenance. 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 21.09.2024 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). In view of the above, the present application is disposed off accordingly. Order Date :- 11.7.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad