Neutral Citation No. - 2025:AHC:146099 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 31351 of 2025 Applicant :- Sunil Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Gupta,Pawan Kumar Singh Kaushik Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Pawan Kumar Singh Kaushik, learned counsel for the applicant and Sri Puspraj Singh, learned A.G.A. 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 9.8.2024 passed by Additional Principal Judge Family Court No. 3, Allahabad in Execution (Maintenance) Case No. 55 of 2023, arising out of an application under Section 128 of Cr.P.C. whereby recovery warrant has been issued to recover the arrears of maintenance amount against the applicant. Learned counsel for the applicant submits that the impugned order dated 9.8.2024 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 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. There is no other point for consideration except issuing recovery warrant 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 9.8.2024 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 the law laid down by the Supreme Court in Rajnesh (supra). Order Date :- 23.8.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad