Neutral Citation No. - 2025:AHC:118085 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 24413 of 2025 Applicant :- Vipin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Shiv Murti Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Shiv Murti Kushwaha, learned counsel for the applicant and Sri Ashwani Kumar Rai, learned AGA for the State. The present application under Section 528 of BNSS has been filed to quash the order dated 6.5.2025 passed by Additional Principal Judge, Family Court, Moradabad in Case No. 445 of 2021 arising out of application under Sections 125(3) Cr.P.C., whereby recovery warrant as well as arrest warrant have been issued for recovering arrears of maintenance. Learned counsel for the applicant further submits that the impugned order dated 6.5.2025, in Case No. 445 of 2023 (Akanksha v. Vipin Kumar), 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 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. In view of the above facts and circumstances, The present application is allowed. The order of impugned arrest warrant dated 6.5.2025, in Execution of Maintenance Case No. 445 of 2025, is hereby quashed. The court concerned is directed to execute the maintenance order as per law provided in Rajnesh (supra) Order Date :- 21.7.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad