HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37674 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application u/s 528 BNSS has been filed to quash the Recovery Warrant dated 04.05.2026, issued by Principal Judge, Family Court, Kaushambi in Case No. 32 of 2025 (Sunita Devi Vs. Brijlal), u/s 147 of BNSS, P.S. Sarai Akil, District Kaushambi. 3. Learned counsel for the applicant submits that the opposite party no. 2 is the wife of the applicant and their marriage was solemnized in the year 2023 thereafter, on account of some matrimonial dispute, opposite party no. 2 filed an application u/s 145(2) BNSS for maintenance and notice was issued to the applicant but the same could not be served upon the applicant, as such, he could not appear before the court proceedings and the court proceeded ex-parte and decide the application of the opposite party no. 2 u/s 145(2) BNSS on 19.01.2026. After getting knowledge, applicant moved a recall application u/s 145(2) BNSS and the same is pending before the Principal Judge, Family Court, Kaushambi and the Family Court has initiated the recovery proceedings against the applicant on 04.05.2026. 4. Considering the facts of the case and arguments advamced by learned counsel for the applicant, the Principal Judge, Family Court, Kaushambi is directed to decide the application of the applicant under Section 145(2) BNSS within a period of six weeks before passing any order of execution on the application of the opposite party no. 2. Versus Counsel for Applicant(s) : Ankit Pandey, Deepak Gaur Counsel for Opposite Party(s) : G.A. Brijlal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. With the aforesaid direction, the present application u/s 528 BNSS is disposed of. September 9, 2026 Nisha NA528 No. 37674 of 2026 2 (Deepak Verma,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad