Rakesh Alias Rakesh Rajpoot @ Rakesh Kumar Vs State of… — Domestic Violence | Allahabad HC (2025)

Rakesh Alias Rakesh Rajpoot @ Rakesh Kumar Vs State of… — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; order dated 23.6.2025 of Additional Principal Judge, Family Court, Court No. 1, Agra, in Execution (Maintenance) Case No. 394 of 2025 (issuing recovery warrant for maintenance arrears) quashed; Family Court to enforce/recover the arrears as a money decree under the Code of Civil Procedure per Rajnesh v. Neha, (2021) 2 SCC 324.

Issue for consideration

Whether the recovery warrant issued against the applicant for arrears of maintenance in proceedings under Section 144(3) BNSS {Section 125(3) CrPC}, without following the procedure prescribed by the Code of Civil Procedure for executing a money decree, is liable to be quashed.

Court's answer

The application under Section 528 BNSS is allowed and the order dated 23.6.2025 passed by the Additional Principal Judge, Family Court, Court No. 1, Agra, issuing the recovery warrant, is quashed.

Ratio / Principle

The court concerned shall enforce or recover the arrears of maintenance as a money decree of a civil court in accordance with the Code of Civil Procedure, as per the law laid down by the Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), September 8, 2025: Application under Section 528 BNSS allowed; order dated 23.6.2025 of Additional Principal Judge, Family Court, Court No. 1, Agra, in Execution (Maintenance) Case No. 394 of 2025 (Smt. Pista Devi vs. Rakesh), issuing recovery warrant against the applicant for arrears of maintenance in proceedings under Section 144(3) BNSS {Section 125(3) CrPC}, quashed. Following Rajnesh v. Neha, (2021) 2 SCC 324, the Court held that maintenance orders are to be enforced/recovered as a money decree of a civil court under the Code of Civil Procedure (Sections 51, 55, 58, 60 read with Order XXI CPC), and not by issuance of recovery warrants without following the CPC execution procedure; the Family Court was directed to proceed accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 30139 of 2025

Rakesh Alias Rakesh Rajpoot @ Rakesh Kumar

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Ramesh Chandra Chaturvedi	Chaturvedi, Tripti
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

During the course of hearing learned counsel for the applicant corrected the prayer clause.

Supplementary affidavit filed today is taken on record.

Sri Ramesh Chandra Chaturvedi, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State are present.

The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 23.6.2025 passed by Additional Principal Judge Family Court, Court No. 1, Agra, in Execution (Maintenance) Case No. 394 of 2025 (Smt. Pista Devi vs. Rakesh), arising out of an application under Section 144 (3) of B.N.S.S. {Section 125(3) of Cr.P.C.}, whereby recovery warrant has been issued against the applicant for recovery of arrears of maintenance.

Learned counsel for the applicants submits that the impugned order dated 23.6.2025 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.

NA528 No. 30139 of 2025

2

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

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 order dated 23.6.2025, is hereby quashed.

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 provisions of the Code of Civil Procedure, as per law laid down by the Supreme Court in Rajnesh(Supra).

September 8, 2025 A.P. Pandey

(Sanjay Kumar Pachori,J.)

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad