Maintenance Arrears: Simultaneous Recovery and Arrest Warrants Not Contemplated by the Statutory Scheme

Enforcement of a maintenance order must follow the procedure prescribed by law. The Allahabad High Court considered whether a Family Court could simultaneously issue recovery and arrest warrants for maintenance arrears.

Decision: In Mohammad Shahzad v. State of U.P. & Others, the Court held that simultaneous issuance of recovery and arrest warrants was not contemplated by the statutory scheme. The Court explained that recovery in the manner provided for levying fines must first be undertaken, and imprisonment could be considered only in accordance with the applicable statutory procedure.

Statutory procedure

The Court examined Sections 125(3), 128 and 421 of the Code of Criminal Procedure and Section 18(2) of the Family Courts Act, 1984. It noted that the statutory mechanism for recovery has to be followed before imprisonment can arise from non-payment.

The judgment also referred to the Supreme Court's directions in Rajnesh v. Neha concerning enforcement of maintenance orders.

Practical point

A maintenance order is enforceable, but the method of enforcement is also governed by law. A party facing an enforcement application should examine the precise statutory route adopted by the court and whether the prescribed sequence has been followed.

Case / source: Mohammad Shahzad v. State of U.P. & 2 Others, Allahabad High Court, Application under Section 528 BNSS No. 39747 of 2025; judgment dated 16 January 2026.
This article is provided for general legal awareness and should not be treated as legal advice for a particular case. The law and authorities should be checked for the date and facts of the individual matter.

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