Neutral Citation No. - 2025:AHC:111623 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 22477 of 2025 Applicant :- Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Priya Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Satya Priya Dwivedi, learned counsel for the applicant and Sri Karunakar 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 orders dated 27.03.2025 and 26.05.2025 passed by Principal Judge, Family Court, Kaushambi in Case No. 198 of 2024 (Smt. Sapana Devi vs. Manoj Kumar), under Section 147 BNSS (128 of Cr.P.C.), whereby Non-Bailable Warrant has been issued 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 27.03.2025 and 26.05.2025 are 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