HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34000 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. During the course of hearing, learned counsel for the applicants corrected the prayer clause. Sri Anand Mohan Rai, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the orders dated 30.4.2024 and 27.6.2024 passed by Principal Judge Family Court, Kaushambi, in Execution (Maintenance) Case No. 142 of 2023 (Smt. Shama Bano and others vs. Mohd. Aslam), arising out of an application under Section 128 of Cr.P.C., whereby recovery warrant and non bailable warrant have been issued against the applicant for recovery of arrears of maintenance. Learned counsel for the applicant submits that the impugned orders dated 30.4.2024 and 27.6.2024 have 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 orders have been passed to enforce Versus Counsel for Applicant(s) : Anand Mohan Rai Counsel for Opposite Party(s) : G.A. Mohd. Aslam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the recovery of arrears of maintenance by issuing recovery warrant and non- bailable warrant against the applicant without following the procedure as provided in the Civil Procedure Code for executing the money decree. 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 allowed and the order dated 30.4.2024 and 27.6.2024, are 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, as per law laid down by the Supreme Court in Rajnesh(Supra). September 8, 2025 A.P. Pandey NA528 No. 34000 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad