r APHC010225902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I*. FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3630 OF 2024 Between: S Kaushik, S/o N. Sal Upendrababu, Aged 35 years, R/o H.No. 1601, Neeladri, 3/1 Main, B Cross, Vishwa Manava Road, F&E Block, Ramakrishna Nagar, Mysore, Karnataka. ...Petitioner/Accused AND 1. Divya Vani Vallika, W/o S. Kaushik, Aged 33 years, R/o. H No. 202, Srikrishna Residency, Srinagar Colony, Tirupathi. ...Respondent/ Petitioner 2. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Respondent Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order in CrI.M.P. No. 38 of 2023 in FCOP No. 357 of 2022 dated 18.03.2024 on the file of the Learned Judge, Family Court - cum - V Additional District Judge, Tirupathi. 7 / r lA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court' may be pleased to grant stay of all further proceedings in order in FCOP No.357 of 2022 on the file of the learned Judge, Family Court - cum - V Additional District Judge, Tirupathi. Counsel for the Petitioner: Sri M. Solomon Raju, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: Sri O. Udaya Kumar, Advocate The Court made the following order: APHC010225902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3630/2024 Between: 1.S KAUSHIK, S/0 N. SAL UPENDRABABU, AGED 35 YEARS, R/0 FINO 1601, NEELADRI, 3/1 MAIN, B CROSS, VISHWA MANAVA ROAD, F AND E BLOCK, RAMAKRISHNA NAGAR, MYSORE, KARNATAKA. ...PETITIONER/ACCUSED AND 1.DIVYA VANI VALLIKA, W/0 S. KAUSHIK, AGED 33 YEARS, R/O FINO 202, SRIKRISHNA RESIDENCY, SRINAGAR COLONY, TIRUPATHI. BY ITS PUBLIC PRADESH, 2. STATE OF ANDHRA PRADESH, , REP. PROSECUTOR FLIGH COURT OF ANDHRA AMARAVATHI. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to to quash the order in CrIMP No: 38 of 2023 in FCOP No: 357 of 2022 dated 18.03.2024 on the file of the Learned Judge, Family Court cum V Addl. District Judge Tirupathi and pass lA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to to grant stay of all further proceedings 'n order in FCOP No: Court cum V Addl. Counsel for the Judge, Family Petitioner/accused: 1.M SOLOMON RAJU Counsel for the Respondent/ 10UDAYA KUMAR 2. PUBLIC PROSECUTOR The Court made the following: complainant(S); (AP) /■ / THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3630 OF 2024 ORDER: 1. The learned counsel for the petitioner is challenging the orders passed in CRLMP.No.38 of 2023 in FCOP.No.357 of 2022 on the file of Judge, Family Court ~ Cum - V Additional District Judge, Tirupathi. 2. The learned counsel for the petitioner submits that vide docket proceedings dated 27.02.2024, the petitioner and the respondent required to file assets of affidavits. It is submitted that the matter posted to 18.03.2024. Attention of the Court is drawn to the observation of the Court that both parties were directed to file assets and liabilities, declaration affidavits and that they were not filed. However, the Judge, Family Court awarded maintenance of Rs.15,000/- per month, apart from Rs.10,000/- towards legal expenses. The learned counsel for the petitioner submits that the Hon’ble Supreme Court of India in the matter of Aditi Alias Mithi Vs. Jitesh Sharma\ held that for fixing the maintenance amounts the assets and liabilities of the parties are essential. Considering the submissions of the learned counsel for the petitioner that this Court granted stay of all further proceedings in FCOP.No.357 of 2022 as the petitioner had deposited amount of Rs.2,00,000/-. The learned counsel for the petitioner submits that as on date the petitioner is due an amount of Rs.1,50,000/- were was an 1 2024 CRI.U.769 as the learned stayed technical objection rai counsel for the 1 respondent submits that granted by this Court the parties have the FCOP is on account of interim order for the raised by the petitioner that not filed assets and liabilities affidavits. 3- Considering the same, the matter is remanded back to the Family Court - Cum orders after duly by either of the 2022. - V Additional District Judge, Tirupathi considering the affidavits for passing necessary of assets and liabilities filed parties and expidite the disposal Of the FCOP.No.357 of 4. Accordingly, the cri Miscellaneous stand closed. criminal petition is disposed off. petitions, if any. pending in the criminal petition shall //TRUE COPY// To, SECTION Judge, Tirupathi FFICER T The Family Court- District. 2- One CC to Sri M.Solomon Raju, Advocate ■ One CC to Sri O.UdayaKuntar, Advocate wo CC s to Public Prosecutor 5. Three CD Copies cum- V Additional District Chittoor fOPUCJ fOPUCJ High Court of Andhra Pradesh [OUT] GPC sree HIGH COURT DATED: 11/07/2025 ORDER CRLP NO. 3630 OF 2024 I 2 3 SEP 2025 S Current Secuon DISPOSING OF THIS CRIMINAL PETITION