HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33516 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard Sri Ajay Sengar, learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed by the applicant with prayer to set aside the impugned order dated 31.01.2026 and all its consequential orders passed by the learned Principal Judge, Family Court, Jalaun at Orai in Criminal Execution Case No. 723 of 2024 (Smt. Ruchi Gupta and another Versus Kunal ), under Section 147 of B.N.S.S., 2023, Police Station Jalaun, District Jalaun and quash its entire proceedings, pending before the learned Principal Judge, Family Court, Jalaun at Orai. 3. Facts in brief are that opposite party no.2 is wife of applicant and on account of some matrimonial dispute, opposite party no.2 initiated proceeding U/s 125 Cr.P.C. for interim maintenance and the same was allowed vide order dated 08.08.2024 ex parte. For recovery of interim maintenance, opposite party no.2 moved application U/s 147 BNSS before trial court and learned trial court by order 04.10.2024 issued notice/recovery warrant against the applicant. Learned Principal Judge, Family Court, Jalaun at Orai vide order dated 31.01.2026 issued recovery warrant as well as arrest warrant against the applicant, in pursuance of order passed on 04.10.2024. Applicant's counsel placed reliance over the judgment passed by Hon'ble The Apex Court in the case of Rajnesh vs. Neha & Another (2021)2 SCC 324, recovery warrant and arrest warrant cannot be initiated by the court for recovery of arrears and maintenance. Versus Counsel for Applicant(s) : Ajay Sengar Counsel for Opposite Party(s) : G.A. Kunal @ Kunal Gupta .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 4. Learned counsel for the applicant submits that the order passed by the learned Principal Judge, Family Court, Jalaun at Orai is against the provision laid down by the Apex Court in Rajnesh vs. Neha & Another (2021)2 SCC 324, wherein it has been directed that the enforcement/execution of order 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. 5. It is further submitted that the impugned order has been passed to enforce the recovery of arrears of maintenance by issuing recovery warrant as well as arrest warrant against the applicant without following the procedure as provided in the Civil Procedure Code. 6. The matter is related to settled position of law. There is no other point for consideration except issuing recovery warrant as well as arrest 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. 7. In view of the above facts and circumstances, the application is partly allowed and the orders dated 31.01.2026, are hereby quashed. 8. 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). 9. It is directed that learned Principal Judge, Family Court, Jalaun at Orai to decide the recall application if filed by the applicant, within a period of three weeks, from the date of production of certified copy of this order. September 8, 2026 T.S. NA528 No. 33516 of 2026 2 (Deepak Verma,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad