Partly allowed

Sonu Yadav v. State of U.P. and Another

Allahabad HC23 Sept 2025NA528/36979/2025

Case brief

AI extract

What is this about?

A maintenance enforcement order issuing a recovery warrant was challenged as contrary to the procedure directed in Rajnesh v. Neha. The High Court quashed the execution order and permitted the Family Court to enforce arrears as a civil money decree under the Code of Civil Procedure.

What did the court decide?

Order dated 30.7.2025 issuing recovery warrant quashed; prayer for direction on Section 126(2) Cr.P.C. application dismissed as not pressed.

Sonu Yadav Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 36979 of 2025

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Sonu Yadav

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Jai Kishan, Sandip Kumar Shukla
Counsel for Opposite Party(s)	: G.A.
Court No.- 74

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HON'BLE SANJAY KUMAR PACHORI, J.

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Sri Jai Kishan, learned counsel for the applicant and Sri Alok Kumar Mishra, learned A.G.A. for the State are present.

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The present application under Section 528 of the B.N.S.S has been filed to quash the order dated 30.7.2025 passed by Additional Principal Judge Family Court, Fatehpur in Execution Case No. 56 of 2016, arising out of an application under Section 128 of Cr.P.C., whereby recovery warrant has been issued to recover the arrears of maintenance amount against the applicant as well as issue a direction to the Additional Principal Judge Family Court, Fatehpur to decide an application under Section 126(2), Cr.P.C. within stipulated period.

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Learned counsel for the applicant does not want to press the prayer for issuing direction to decide the application under Section 126(2), Cr.P.C.

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The prayer for issuing direction to decide the application under Section 126(2), Cr.P.C. is dismissed as not pressed.

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Learned counsel for the applicant submits that the impugned order dated 30.7.2025 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

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NA528 No. 36979 of 2025

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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. 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.

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In view of the above facts and circumstances, the application is partly allowed and the order dated 30.7.2025 is, hereby, 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 per the law laid down by the Supreme Court in Rajnesh (supra).

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September 24, 2025 T. Sinha

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(Sanjay Kumar Pachori,J.)

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

Sonu Yadav v. State of U.P. and Another

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Sonu Yadav v. State of U.P. and Another

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