Neutral Citation No. - 2025:AHC:131292 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 28104 of 2025 Applicant :- Rajan Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Ms. Swarnim Shukla, Advocate holding brief of Sri Jawahar Yadav, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present. The present application u/s 528 of BNSS of 2023 has been filed with prayer to quash the order dated 13.05.2025 passed by Principal Judge, Family Court, Azamgarh in Maintenance Case No. 266 of 2023 (Antima vs. Rajan), under Section 128 of Cr.P.C., whereby recovery warrant has been issued to the Station House of concerned Police Station to recover the arrears of maintenance. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and the 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 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 recovery warrant against the applicant without following the procedure as provided in the Civil Procedure Code. The matter is related to settled position of law. The impugned order dated 13.05.2025 is quashed with the direction that the court may enforce the arrears of maintenance as law laid down by the Supreme Court in Rajnesh (supra). 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. In view of the above, the present application is, accordingly, allowed. Order Date :- 5.8.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad