HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33971 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Rahul Kumar Sharma, learned counsel for the applicant and Sri B.N. Upadhyay, 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 order dated 8.8.2025 passed by Principal Judge Family Court, Hathras, in Execution (Maintenance) Case No. 912 of 2024 (Smt. Jyoti vs. Ashu), arising out of an application under Section 125(3) of Cr.P.C., whereby recovery warrant has been issued against the applicant for recovery of arrears of maintenance. Learned counsel for the applicant submits that the impugned order dated 8.8.2025 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 issuing recovery warrant without following the procedure as provided in the Civil Procedure Code for executing the money decree. Versus Counsel for Applicant(s) : Rahul Kumar Sharma Counsel for Opposite Party(s) : G.A. Ashu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 8.8.2025, 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 8, 2025 A.P. Pandey NA528 No. 33971 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad