Case brief
What is this about?
Sateesh Kumar v. State of U.P. and Another, Application U/S 528 BNSS No. 28409 of 2025, High Court of Judicature at Allahabad, decided September 19, 2025, Sanjay Kumar Pachori J. Quashing of recovery warrant for arrears of maintenance issued in Execution Case No. 39 of 2024 (Savita vs. Sateesh Kumar) under Section 125(3) Cr.P.C. without following CPC money-decree execution procedure; Rajnesh v. Neha (2021) 2 SCC 324 followed; enforcement through Sections 51, 55, 58, 60 read with Order XXI C.P.C.; Section 528 BNSS; Family Court Hamirpur; counter affidavit dispensed with.
What did the court decide?
Application allowed; order dated 5.3.2025 of the Principal Judge, Family Court, Hamirpur quashed; arrears of maintenance to be recovered as a money decree of a civil court under the Code of Civil Procedure per Rajnesh v. Neha. ¶18