HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25598 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Awadh Narain Rai, learned counsel for the applicant and learned A.G.A for the State are present. The present application under Section 528 of BNSS has been filed to quash the order 04.04.2025 passed by Additional Family Judge-II, Bareilly, in Execution (Maintenance) Case No. 720 of 2023 (Smt. Seenu Chaudhary Vs. Harveer Singh), under Section 125(3) Cr.P.C. Police Station Bahedi, District Bareilly, whereby recovery warrant and letter to D.G.P. have been issued against the applicant for recovery of arrears of maintenance. Learned counsel for the applicants submits that the impugned order 04.04.2025 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 orders have been passed to enforce the recovery of arrears of maintenance by issuing recovery warrant and letter to D.G.P. against the applicant without following the procedure as provided in the Civil Procedure Code for executing the money decree. Versus Counsel for Applicant(s) : Awadh Narain Rai Counsel for Opposite Party(s) : Harveer Singh .....Applicant(s) Smt. Seenu Chaudhary .....Opposite Party(s) The matter is related to settled position of law. There is no other point for consideration except issuing recovery warrant as well as letter to D.G.P. against the applicant to recover the arrears of maintenance, due to this reason, the opportunity to call the counter affidavit from the opposite party no. 2 is dispensed with. In view of the above facts and circumstances, the application is allowed and the order dated 04.04.2025, is 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, as per law laid down by the Supreme Court in Rajnesh(Supra). September 8, 2025 Imtiyaz NA528 No. 25598 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad