Allahabad High Court
BRIJLALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The High Court held that the Family Court must decide the pending application under Section 145(2) BNSS within six weeks before passing any execution order on the maintenance decree.
Summary
The applicant, Brijlal, filed an application under Section 528 of the BNSS seeking to quash a recovery warrant dated 04.05.2026 issued by the Family Court, Kaushambi, in a maintenance case (Sunita Devi v. Brijlal). The applicant's wife had earlier filed a maintenance application under Section 145(2) BNSS, but notice could not be served, leading the court to decide the matter ex‑parte on 19.01.2026. The applicant subsequently filed a recall application under Section 145(2) BNSS, which remains pending before the Principal Judge. The Family Court nevertheless initiated recovery proceedings against the applicant, prompting the present application under Section 528. The High Court directed the Family Court to decide the pending recall application within six weeks before issuing any execution order. Consequently, the application under Section 528 BNSS was disposed of with the said direction.
Issues considered
- Whether a recovery warrant can be issued under Section 147 BNSS when a recall application under Section 145(2) BNSS is pending.
- Whether the High Court can stay execution pending determination of the pending application.
Legislation cited
- BNSS — s. 145(2), 147, 528
Subjects
- maintenance
- family court
- ex‑parte order
- recovery warrant
- Section 528 BNSS
- Section 145(2) BNSS
- execution stay
- matrimonial dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37674 of 2026
Brijlal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Pandey, Deepak Gaur
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application u/s 528 BNSS has been filed to quash the
Recovery Warrant dated 04.05.2026, issued by Principal Judge, Family
Court, Kaushambi in Case No. 32 of 2025 (Sunita Devi Vs. Brijlal), u/s 147
of BNSS, P.S. Sarai Akil, District Kaushambi.
3. Learned counsel for the applicant submits that the opposite party no. 2
is the wife of the applicant and their marriage was solemnized in the year
2023 thereafter, on account of some matrimonial dispute, opposite party
no. 2 filed an application u/s 145(2) BNSS for maintenance and notice
was issued to the applicant but the same could not be served upon the
applicant, as such, he could not appear before the court proceedings and
the court proceeded ex-parte and decide the application of the opposite
party no. 2 u/s 145(2) BNSS on 19.01.2026. After getting knowledge,
applicant moved a recall application u/s 145(2) BNSS and the same is
pending before the Principal Judge, Family Court, Kaushambi and the
Family Court has initiated the recovery proceedings against the applicant
on 04.05.2026.
4. Considering the facts of the case and arguments advamced by learned
counsel for the applicant, the Principal Judge, Family Court,
Kaushambi is directed to decide the application of the applicant under
Section 145(2) BNSS within a period of six weeks before passing any
order of execution on the application of the opposite party no. 2.
NA528 No. 37674 of 2026
2
5. With the aforesaid direction, the present application u/s 528 BNSS is
disposed of.
(Deepak Verma,J.)
September 9, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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