Allowed¶12

Prem Chandra v. State of U.P. and Another

Allahabad HC24 Jul 2025NA528/20055/2025

Case brief

AI extract

What is this about?

Section 528 BNSS 2023 quashing; maintenance arrears; recovery warrant quashed; Execution (Maintenance) Case No. 548 of 2023; Section 128 Cr.P.C.; Family Court Bhadohi Gyanpur; enforcement of maintenance as money decree under CPC (Ss. 51, 55, 58, 60 read with Order XXI CPC); Rajnesh v. Neha (2021) 2 SCC 324; Prem Chandra v. State of U.P.; Allahabad High Court; Sanjay Kumar Pachori, J.; order dated 25.7.2025.

What did the court decide?

Application allowed; order dated 19.2.2025 of the Principal Judge, Family Court, Bhadohi, Gyanpur quashed; the court concerned directed to enforce/recover maintenance arrears as a money decree of a civil court under the Code of Civil Procedure. ¶12

Prem Chandra Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:123147

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Court No. - 74

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Case :- APPLICATION U/S 528 BNSS No. - 20055 of 2025

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Applicant :- Prem Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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Heard Shri Ramesh Kumar Shukla, learned counsel for the applicant and Shri R.K. Singh, learned A.G.A. for the State.

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The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 19.2.2025 passed by Principal Judge, Family Court, Bhadohi, Gyanpur in Execution (Maintenance) Case No. 548 of 2023, arising out of an application under Section 128, Cr.P.C., whereby Recovery Warrant has been issued against the applicant to recover the arrears of maintenance.

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Learned counsel for the applicant submits that the impugned order 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.

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It is further submitted that the impugned order has 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.

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The matter is related to settled position of law.

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In view of the above facts and circumstances, the application is allowed and the order dated 19.2.2025 is, hereby, quashed.

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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 the provisions of the Code of Civil Procedure.

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Order Date :- 25.7.2025 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Prem Chandra v. State of U.P. and Another

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