Issuance of arrest warrants for recovery of maintenance arrears is illegal; enforcement must comply with statutory provisions protecting individual dignity and liberty.

JUDGMENT :

RAJIV LOCHAN SHUKLA, J.

1. This application under Section 528 B.N.S.S. has been filed by the applicant for quashing the order dated 25.09.2025 passed by Additional Principal Judge, Family Court, Court No.2, Aligarh in Misc. Case No. 548 of 2024 (Smt. Shajiya Khan & Another vs. Mohammad Shahzad) under Section 128 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") Police Station - Banna Devi, District Aligarh, whereby the Additional Principal Judge has issued recovery/arrest warrants against the applicant to recover arrears of maintenance against the applicant passed in Maintenance Case No. 1111 of 2017 (Smt. Shajiya Khan & Anr. vs. Mohammad Shahzad) under Section 125 Cr.P.C.

2. Heard Sri Kuldeep Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

3. Learned counsel for the applicant states that pursuant to an order passed against the applicant under Section 125 Cr.P.C., in proceedings under Section 128 Cr.P.C. recovery and arrest warrants have been issued against the applicant. Learned counsel for the applicant, relying upon the decision of the Supreme Court in Rajnesh vs. Neha & Another, (2021) 2 SCC 324 contends that the orders for maintenance can be enforced in view of the specific statutory provisions as well as the directions given by the Supreme Court in Rajnesh (supra)

4. Learned A.G.A. has contended that this Court, vide order dated25.04.2024 passed in Criminal Revision No. 1235 of 2024, had granted protection to the applicant, subject to the condition that he shall pay Rs. 10,000/- per month to the opposite party No. 2 and Rs. 5,000/- per month to the opposite party No. 3. This Court had further directed the applicant to pay 50% of the arrears of maintenance within a period of one month, and the remaining 50% of the arrears of maintenance was directed to be paid to the opposite parties No.2 and 3 in three equal monthly installments commencing from 25th June, 2024. It was further directed that, in case of default in the said payments, the Principal Judge would be at liberty to recover the arrears along with 10% interest. Learned A.G.A. states that as the directions of the High Court have been violated, the impugned order has rightly been passed issuing recovery warrants against the applicant. Learned A.G.A., however, states that there was nothing in the order of the High Court to indicate that the arrest of the applicant would be effected to recover the arrears of maintenance. Learned A.G.A. also does not dispute the fact that no arrest warrants can be issued for recovery of arrears of maintenance under Sections 125(3) and 128 Cr.P.C. He states that the maintenance orders can be enforced in view of the directions given by the Supreme Court in the decision of Rajnesh (supra), referred to above.

5. In view of the order that is being proposed to be passed, no notices are being issued to opposite parties No. 2 and 3.

6. The Supreme Court, in the case of Rajnesh (supra), in paragraph 132, has given the following directions with respect to the enforcement/execution of orders of maintenance:

"(e) Enforcement/Execution of orders of maintenance

132. For enforcement/execution of orders of maintenance, it is directed that an order or decree of maintenance may be enforced under Section 28-A of the Hindu Marriage Act, 1955; Section 20(6) of the DV Act; and Section 128 of CrPC, as may be applicable. The order of maintenance may be enforced