RAJU SINGHversusSTATE OF U.P. AND ANOTHER

               HIGH COURT OF JUDICATURE AT ALLAHABAD

               APPLICATION U/S 528 BNSS No. - 46206 of 2025

Raju Singh
                                                                     .....Applicant(s)
                                     Versus
State of U.P. and Another
                                                                        .....Opposite
                                                                              Party(s)

Counsel for Applicant(s)                     :     Abhay Kumar Pandey
Counsel for Opposite Party(s)                :     G.A., Roopesh Srivastava

Court No. - 80
                       HON'BLE CHAWAN PRAKASH, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and
learned counsel for the opposite party no. 2 and perused the record.

2. The present application under Section 528 B.N.S.S. has been filed for
quashing the Non-bailable warrant dated 25.08.2025 as well as recovery
warrant dated 05.10.2024 passed by the learned Principal Judge, Family
Court, Mainpuri in Misc. Case No. 218 of 2024 (Neelam Vs. Raju Singh),
under Section 125(3) Cr.P.C., Police Station Kurawali, District Mainpuri,
pending in the court of learned Principal Judge, Family Court, Mainpuri.

3. It is submitted by learned counsel for the applicant that the marriage of the
applicant with opposite party no. 2 was solemnized on 26.06.2012 according
to Hindu rites. In the marriage no dowry was ever demanded by the applicant
or his family members. The allegations of cruelty and demand of additional
dowry are baseless and concocted. The applicant is a labourer and earning
hardly only Rs. 10,000/- per month. The applicant has always been willing to
keep opposite party no. 2 with him but she has refused to live with the
applicant without any justified reason. After short period of peaceful
matrimony, opposite party no. 2 started quarreling with the applicant and later
she went to her parental home, from where she initiated a false and fabricated
proceedings against the applicant. It is further submitted that the impugned
orders dated 25.08.2025 as well as recovery warrant dated 05.10.2024
passed    by     the   learned   Principal       Judge,   Family   Court,   Mainpuri
issuing recovery warrant and non-bailable warrant are wholly illegal and
arbitrary and have 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
                                                                                              NA528 No. 46206 of 2025
                                                                     2

                                    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.

                                    4. It is further submitted that the impugned orders have been passed to
                                    enforce the recovery of arrears of maintenance by issuing recovery warrant
                                    and non-bailable warrant against the applicant without following the procedure
                                    as provided in the law.

                                    5. In the present case the opposite party no. 2 filed an application under
                                    Section 125(3) Cr.P.C. before the learned trial court for getting the execution
                                    of the order dated 13.03.2024 passed by the learned Principal Judge, Family
                                    Court, Mainpuri on an application filed under Section 125 Cr.P.C. The same
                                    was registered as Case No. 218 of 2024. The learned Family Court issued
                                    recovery warrant as well as non bailable warrant against the applicant for
                                    recovery of maintenance amount. The learned family court has not followed
                                    the principles as prescribed under Section 421 Cr.P.C. A recovery warrant and
                                    non-bailable warrant cannot be issued by the trial court simultaneously for
                                    recovery of the maintenance award. Hence, the matter is related to above
                                    mentioned settled position of law. There is no other point for consideration
                                    except issuing recovery warrant and non bailable warrant simultaneously 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.

                                    6. In view of the above facts and circumstances, the application is allowed
                                    and accordingly, the Non-bailable warrant dated 25.08.2025 and recovery
                                    warrant dated 05.10.2024 passed by the Principal Judge, Family Court,
                                    Mainpuri are quashed.

                                    7. It is made clear that the court concerned may proceed to enforce or recover
                                    the arrears of maintenance amount as per settled principles of law laid down
                                    by the Supreme Court in the case of Rajnesh (supra).

                                    February 4, 2026
                                    Rmk.
                                                                                              (Chawan Prakash,J.)




Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad