HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31347 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Aditya Prakash Singh, Advocate filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record. Learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned. Learned counsel for the applicant is permitted to correct the same during the course of hearing. Sri Sudhakar Yadav, learned counsel for the applicant and Sri B.N. Upadhyay, 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 09.04.2021 passed by Principal Judge Family Court, 4th, Ghaziabad in Maintenance Case No. 191 of 2018 arising out of an application under Section 125 of Cr.P.C. as well as order dated 17.07.2025 passed by Principal Judge Family Court, Ghaziabad in Execution Case no. 776 of 2022 arising out of an application under Section 125(3) of Cr.P.C. whereby the recovery warrant as well as non-bailable warrants has been issued against the applicant to recover the arrears of maintenance. Learned counsel for the applicant does not want to press the relief to quashing the order dated 09.04.2021 passed in Maintenance Case No. 191 of 2018. The aforesaid relief is dismissed as not pressed. Learned counsel for the applicant submits that the impugned orders 17.07.2025 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 Versus Counsel for Applicant(s) : Sudhakar Yadav Counsel for Opposite Party(s) : G.A. Akhilesh Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 recovery warrant as well as non-bailable warrant against the applicant without following the procedure as provided in the Civil Procedure Code. The matter is related to settled position of law. There is no other point for consideration except issuing recovery warrant as well as non-bailable warrants 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 partly allowed and the order dated 17.07.2025 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, as per law laid down by the Supreme Court in Rajnesh (supra). September 4, 2025 Ishan NA528 No. 31347 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad