Amit Bajpai v. State of U.P & Anr.

Learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned. Learned counsel for the applicant is permitted to correct the same during the course of hearing. Sri Bhavisya Sharma, learned counsel for the applicant and Sri Puspraj 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 order dated 18.12.2024, 04.02.2025 and subsequent order dated 19.07.2025 passed by Additional Principal Judge Family Court, Kanpur Nagar in Execution (Maintenance) Case No. 1161 of 2024 arising out of an application under Section 125(3) of Cr.P.C. whereby the recovery warrant has been issued against the applicant to recover the arrears of maintenance. Learned counsel for the applicants submits that the impugned orders 18.12.2024, 04.02.2025 and subsequent order dated 19.07.2025 have 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 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. 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 orders dated 18.12.2024, 04.02.2025 and subsequent order dated 19.07.2025, are 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). Order Date :- 23.8.2025 Ishan ISHAN JAISWAL High Court of Judicature at Allahabad