Allowed¶15

Paan Singh v. State of U.P. and 3 Others

Allahabad HC11 Sept 2025NA528/34761/2025

Case brief

AI extract

What is this about?

Section 528 BNSS application allowed; quashing of recovery warrant and arrest warrant issued in maintenance execution before Family Court, Budaun; enforcement of maintenance under Section 128 Cr.P.C.; Rajnesh v. Neha (2021) 2 SCC 324 relied on; maintenance recoverable as money decree of civil court under CPC Sections 51, 55, 58, 60 read with Order XXI; references to Section 28A Hindu Marriage Act 1956 and Section 20(6) D.V. Act; Paan Singh v. State of U.P.; Allahabad High Court; decided 11-09-2025.

What did the court decide?

Application allowed; order dated 24.07.2025 quashed, with liberty to the court concerned to enforce/recover the maintenance arrears as a money decree of a civil court under the CPC as per Rajnesh (supra). ¶15

Paan Singh vs State of U.P. and 3 Others — Domestic Violence | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 34761 of 2025

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Paan Singh

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.....Applicant(s)

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Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Nagendra Kumar Singh
Counsel for Opposite Party(s) :	G.A.

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Court No. - 74

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HON'BLE SANJAY KUMAR PACHORI, J.

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Sri Nagendra Kumar Singh, learned counsel for the applicant and Sri A.K. Rai, learned A.G.A. for the State are present.

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The present application u/s 528 of BNSS of 2023 has been filed with prayer to quash the order dated 24.07.2025 passed by Principal Judge, Family Court, Budaun in Execution (Maintenance) Case No. 1052 of 2022, arising out of an application under Section 128 of Cr.P.C., whereby recovery warrant as well as arrest warrant has been issued against the applicant to recover the arrears of maintenance.

¶10

Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and the 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 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 and arrest warrant against the applicant without following the procedure as provided in the Civil Procedure Code.

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NA528 No. 34761 of 2025

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The matter is related to settled position of law. There is no other point for consideration except issuing recovery warrant as well as arrest 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.

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In view of above facts and circumstances, the application is allowed and the order dated 24.07.2025 is quashed.

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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 law laid down by the Supreme Court in the case of Rajnesh (supra).

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September 11, 2025

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MAA/-

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(Sanjay Kumar Pachori,J.)

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Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Paan Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Paan Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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