APHC010227202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5573/2025 Between: 1. SRI. KORRAPATI SESHU,, S/O.SRINIVASA RAO, AGED ABOUT 39 YRS, D.NO. 16-6-27,GANTIVARI STREET,POORNANADAMPET, VIJAYAWADA-520011 ...PETITIONER/ACCUSED AND 1. KORRAPATI PRASANTHI, W/O. SESHU AGED 29 YEARS, 2. KORRAPATI VERONIKA, D/O. KORRAPATI SESHU, AGED 5 YEARS 3. KORRAPATI ARYAN, (RESPONDENTS 2 AND 3 BEING MINORS, REP.BY THEIR MOTHER/NATURAL GUARDIAN, I.E, 1ST RESPONDENT,) (THE RESPONDENTS 1 TO 3 ARE RESIDENTS OF D.NO.17.06.29,KHADAR STREET, POORNANADAMPET, VIJAYAWADA-520011). 4. THE STATE OF ANDHRA PRADESH, REP.BY IT'S PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT 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 Courtmay be pleased to Quash and set aside the order dated: 22.01.2025 in CrI.M.P.No: 172 of 2024 in FCOP(MC) No: 1839 of 2023 on the file of XIV Addtinal District Judge : Cum :Judge,Acldl. Family Court At Vijayawada, and pass IA NO: 1 OF 2025 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 may be pleased to stay all further proceedings pursuant to order dated: 22.01.2025 in CrI.M.P.No: 172 of 2024 in FCOP(MC) No: 1839 of 2023 on the file of XIV Addtinal District Judge : Cum :Judge,Addl. Family Court At Vijayawada, pending adjudication of the above CrI.P and pass Counsel for the Petitioner/accused: 1. P V A PADMANABHAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: ORDER: The petitioner challenges the order dated 22.01.2025 in Crl.M.P.No.172 of 2024 in FCOP (MC) No.1839 of 2023 passed by the learned XIV Additional District Judge-cum-Additional Family Court Judge, Vijayawada. 2. The 1st respondent is the wife of the petitioner, the 2nd respondent is their daughter (aged about 4 years), and the 3rd respondent is their son (aged about 1 year). The respondents filed Crl.M.P.No.172 of 2024 seeking interim maintenance. The learned Judge, after considering the matter, directed the petitioner to pay maintenance at the rate of Rs.5,000/- per month to each of the respondents from the date of the petition until the disposal of the main FCOP (MC) No.1839 of 2023. 3. Learned counsel for the petitioner contends that the order is devoid of detailed reasoning and fails to consider the guidelines laid down by the Hon’ble Supreme Court in Rajnesh v. Neha and Another1. It is further submitted that the learned Judge did not take into account the financial capacity of the petitioner when ordering the payment of maintenance at Rs.5,000/- per month to each respondent. It is submitted that the petitioner is willing to pay a total amount of Rs.10,000/- per month as maintenance. 1 (2021) 2 SCC 324 4. Heard learned counsel for the petitioner; learned counsel for respondent Nos.1 to 3; and learned Assistant Public Prosecutor appearing for the 4th respondent-State. Perused the material on record, including the order under challenge. 5. The learned Judge has considered the affidavit of assets and liabilities submitted by the petitioner and has passed a reasoned order. Granting maintenance at Rs.5,000/- per month to each respondent is not beyond the financial capacity of the petitioner. Moreover, it is pertinent to note that the minor children (respondent Nos.2 and 3) require sufficient financial support, and the awarded amount is essential to meet their basic needs. 6. It is not in dispute that the petitioner has not deposited any amount towards maintenance so far. This Court is not inclined to interfere with the order passed by the learned Judge. The amount awarded to the respondents is barely sufficient to meet their monthly expenditure. 7. For the above observations, this Court is not inclined to interfere with the order dated 22.01.2025 in Crl.M.P.No.172 of 2024 in FCOP (MC) No.1839 of 2023 passed by the learned XIV Additional District Judge-cum-Additional Family Court Judge, Vijayawada. 8. Accordingly, this Criminal Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 17th June, 2025. cbn 171 HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5573 of 2025 17th June, 2025 cbn