Farman Khan vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

Farman Khan vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed; orders dated 19.5.2025 and 30.5.2025 of the Principal Judge, Family Court, Saharanpur quashed; the Family Court permitted to enforce/recover the maintenance arrears as a money decree of a civil court per the Code of Civil Procedure.

Issue for consideration

Whether the orders dated 19.5.2025 and 30.5.2025 passed by the Principal Judge, Family Court, Saharanpur - issuing a Recovery Warrant and a Non-Bailable Warrant against the applicant to recover maintenance arrears without following the procedure prescribed by the Civil Procedure Code - should be quashed. +1 more

Court's answer

The application under Section 528 BNSS is allowed and the orders dated 19.5.2025 and 30.5.2025 passed by the Principal Judge, Family Court, Saharanpur are quashed.

Ratio / Principle

The court concerned may proceed to enforce or recover the arrears of maintenance as a money decree of a civil court as per the provisions of the Code of Civil Procedure.

Key takeaways

The court recorded that the matter concerns a settled position of law, adopting the enforcement framework urged through Rajnesh v. Neha ((2021) 2 SCC 324).ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.), Order Date 29.7.2025 - Farman Khan v. State of U.P. & 2 Others, Application U/S 528 BNSS No. 25774 of 2025 (Neutral Citation 2025:AHC:125801): Application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 allowed; orders dated 19.5.2025 and 30.5.2025 of the Principal Judge, Family Court, Saharanpur in Execution (Maintenance) Case No. 846 of 2024 (Police Station Kotwali, District Saharanpur), whereby a Recovery Warrant and a Non-Bailable Warrant were issued against the applicant to recover arrears of maintenance, quashed, having been passed without following the procedure prescribed by the Civil Procedure Code. The Family Court was directed that it may proceed to enforce or recover the arrears of maintenance as a money decree of a civil court as per the provisions of the Code of Civil Procedure, consistent with the settled framework indicated in Rajnesh v. Neha ((2021) 2 SCC 324) (enforcement under Section 28A Hindu Marriage Act, 1956 / Section 20(6) D.V. Act / Section 128 Cr.P.C., or as a money decree via Sections 51, 55, 58, 60 with Order XXI C.P.C.).

Neutral Citation No. - 2025:AHC:125801

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 25774 of 2025

Applicant :- Farman Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Learned counsel for the applicant is permitted to correct the prayer clause during the course of hearing.

Heard Shri Avinash Pandey, learned counsel for the applicant and Shri Puspraj Singh, learned brief holder for the State.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the orders dated 19.5.2025 and 30.5.2025 passed by Principal Judge, Family Court, Saharanpur in Execution (Maintenance) Case No. 846 of 2024, Police Station Kotwali, District Saharanpur, whereby Recovery Warrant as well as Non-Bailable Warrant has been issued against the applicant to recover the arrears of maintenance.

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.

It is further submitted that the impugned orders have been passed to enforce the recovery of arrears of maintenance by issuing nonbailable warrant against the applicant without following the procedure as provided in the Civil Procedure Code.

The matter is related to settled position of law.

In view of the above facts and circumstances, the application is allowed and the orders dated 19.5.2025 and 30.5.2025 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 the provisions of the Code of Civil Procedure.

Order Date :- 29.7.2025 T. Sinha

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