Neutral Citation No. - 2025:AHC:114067 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 22693 of 2025 Applicant :- Manan Singh Alias Amit Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Pavan Kumar Singh, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the ex-parte judgment and order dated 19.09.2023 passed by Principal Judge Family Court, Ballia in Maintenance Case No. 1035 of 2021 whereby ex-parte maintenance order has been passed as well as orders dated 06.07.2024, 04.09.2024, 02.05.2025 in Execution of Maintenance Case No. 1219 of 2023 passed by Principal Judge Family Court, Ballia arising out of an application under Section 125(3) of Cr.P.C., whereby recovery warrant and non-bailable warrant has been issued against the applicant. After some arguments, learned counsel for the the applicant does not want to press the quashing of the order dated 19.09.2023. The prayer in this regard is dismissed as not pressed. Learned counsel for the applicants submits that the impugned orders 06.07.2024, 04.09.2024 and 02.05.2025 have 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 applicant or attachment without following the procedure as provided in the Civil Procedure Code. The matter is related to settled position of law. In view of the above facts and circumstances, the application is allowed and the order dated 06.07.2024, 04.09.2024, 02.05.2025 are hereby quashed. 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. Order Date :- 15.7.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad