Neutral Citation No. - 2025:AHC:128109 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 22078 of 2025 Applicant :- Romesh Alias Bachchulal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dipendra Kumar Tripathi,Govind Kumar Singh Counsel for Opposite Party :- G.A.,Shiva Priya Prasad Hon'ble Sanjay Kumar Pachori,J. Heard Shri Deependra Kumar Tripathi, learned counsel for the applicant and Sri Shiva Priya Prasad, learned counsel for the opposite party no.2 and learned AGA for the State. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 7.5.2025 passed by Principal Judge, Family Court, Jaunpur in Case No. 2131 of 2024 arising out of application under Sections 145 BNS (126 Cr.P.C.), which has been dismissed along with the delay condonation application, as well as order dated 7.5.2025 issuing non-bailable warrant against the applicant passed by Principal Judge, Family in Execution of Maintenance Case No. 1145 of 2023 arising out of Application No.128 of Cr.P.C., whereby recovery warrant and non-bailable warrant have been issued for recovering arrears of maintenance. Learned counsel for the applicant does not want to press the application with regard to quashing the order dated 7.5.2025 passed in Case No. 2131 of 2024. The present application in this regard is dismissed as not pressed with liberty to file appropriate application / proceeding before the competent court of jurisdiction. Certified copy of documents be returned to the learned counsel for the applicant after retaining the certified copy of the same. Learned counsel for the applicant further submits that the impugned order dated 7.5.2025, in Case No. 1145 of 2023 (Savita v. Romesh), by which recovery warrant and non-bailable warrant for recovering maintenance 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 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 impugned order of non bailable warrant against the applicant. The present application is disposed of. The order of non-bailable warrant dated 7.5.2025, in Execution of Maintenance Case No. 1145 of 2023, is hereby quashed. The court concerned is directed to execute the maintenance order as per law provided in Rajnesh (supra). Order Date :- 15.7.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad