HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36891 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Bhavisya Sharma, Advocate holding brief of Sri Prakash Chandra Pandey, learned counsel for the applicant and Sri Pusp Raj Singh, 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 orders dated 21.07.2025 and 13.08.2025 passed by Principal Judge Family Court, Jalaun at Orai in Execution Case No. 858 of 2024, arising out of an application under Section 147 of B.N.S. (under Section 128 of Cr.P.C.) whereby the recovery warrant, non-bailable warrant through Superintendent of Police as well as attachment warrant through District Magistrate has been issued against the applicant to recover the arrears of maintenance amount. Learned counsel for the applicants submits that the impugned orders 21.07.2025 and 13.08.2025 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, non- bailable warrant through Superintendent of Police as well as attachment warrant through District Magistrate has been issued to recover the arrears of maintenance amount against the applicant without following the procedure Versus Counsel for Applicant(s) : Prakash Chandra Pandey Counsel for Opposite Party(s) : G.A. Azad Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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, non-bailable warrant through Superintendent of Police as well as attachment warrant through District Magistrate has been issued 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 21.07.2025 and 13.08.2025 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 23, 2025 Ishan NA528 No. 36891 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad