HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34642 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. 1. Sri Bipin Kumar Tripathi, learned counsel for the applicant and Sri Alok Kumar Mishra, learned A.G.A for the State are present. 2. The present application under Section 528 of BNSS 2023 has been filed to quash the order dated 31.07.2025 passed by Principal Judge Family Court, Kaushambi, in Execution (Maintenance) Case No. 105 of 2025 (Smt. Bhanumati & another Vs. Surendra Kumar Prajapati), arising out of an application under Section 147 of B.N.S.S. (Section 128 of Cr.P.C.), whereby recovery warrant has been issued against the applicant for recovery of arrears of maintenance. 3. Learned counsel for the applicants submits that the impugned order 31.07.2025 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 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. 4. It is further submitted that the impugned orders have 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 for executing the money decree. Versus Counsel for Applicant(s) : Bipin Kumar Tripathi Counsel for Opposite Party(s) : G.A. Surendra Kumar Prajapati .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 5. The matter is related to settled position of law. There is no other point for consideration except issuing recovery warrant against the applicant 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. 6. In view of the above facts and circumstances, the application is allowed and the order dated 31.07.2025, is hereby quashed. 7. 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 10, 2025 Imtiyaz NA528 No. 34642 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad