Neutral Citation No. - 2025:AHC:125938 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 26907 of 2025 Applicant :- Kamal Kishor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brahma Nand Tripathi,Sanidhya Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Sanidhya Pandey, learned counsel for the applicant and Sri Rahul Pandey, brief holder for the State are present. The present application under Section 528 of the B.N.S.S has been filed to quash the order dated 05.07.2025 passed by Principal Judge Family Court No. 1, Firozabad in Execution of Maintenance Case No. 969 of 2024 arising out of an application under Section 125(3) of Cr.P.C. whereby applicant is directed to be detained for a period of 30 days for recovery of arrears of maintenance in pursuance of recovery warrant. Learned counsel for the applicant submits that the impugned order 05.07.2025 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 order has been passed to enforce the recovery of arrears of maintenance by detaining the applicant in district jail wherein the applicant is languishing in jail since 02.07.2025 till today, after issuing recovery warrant 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 05.07.2025 is hereby quashed. It is made clear that the court concerned may 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. The District Jail Superintendent, Firozabad is directed to release the applicant Kamal Kishor, who is detained by the order of Principal Judge Family Court, immediately after production of a certified copy of this order. Order Date :- 29.7.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad