Neutral Citation No. - 2025:AHC:119536 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 25575 of 2025 Applicant :- Mohammad Azam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Khan,Subuhi Naseem Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Javed Khan, learned counsel for the applicant and Sri Pranvijay Singh, learned A.G.A. for the State. Present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 2.7.2025 passed by Principal Judge, Family Court, Ghazipur, in Maintenance Case No. 280 of 2022, arising out of an application under Section 125 of Cr.P.C., whereby non-bailable warrant has been issued against the applicant to recover Rs. 20,000/-, as arrears of maintenance. Learned counsel for the applicant submits that impugned order has been passed without considering the facts, circumstance 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 in pursuance of order of a co-ordinate Bench of this Court applicant deposited Rs. 50,000/- before the Principal Judge, Family Court, Ghazipur, and only Rs. 20,000/- remains as payment of arrears of maintenance. It is further submitted that mediation proceeding is also pending before mediation and conciliation centre of this Court. Non-bailable warrant has been issued to recover the remaining arrears of maintenance of Rs. 20,000/- without any application under Section 125(3) of Cr.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 2.7.2025, 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. Order Date :- 22.7.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad