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2025 DAILYLAW 32305 (AP)

LAM NARESH v. LAM LAKSHMI PRASANNA

CRLRC/831/2023 · 2025-08-21

Y Lakshmana Rao

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Judgment text

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APHC010476822023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Vi FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO C^RIMINAL REVISION CASE NO- 831 OF 2023 Criminal Revision Case under Section 397 & 401 of Cr.P.C against the orders dated 19-05-2023 in CrI.M.P. No. 818/2022 in F.C.O.P. No. 780/2020 on the file of the Court of the Principal Family Court Court. Cum IV Additional District Between: Lam Naresh, S/o. Lam Joji Babu, aged 31 Vihar, Kankipadu, Vijayawada-521151 years, R/o. Plot No. 65, Gayathri Andhra Pradesh, Mob. 9398919934 ...PETITIONERS AND 1- Lam Lakshmi Prasanna, W/o. Lam Naresh 42 2/1 42, DRWA-84, 1st Line, 5th Cross, Left Side Road, Besides Durga Devi Temple, Devi Nagar, Vijayawada, Andhra Pradesh 2. Lam Sreyansh, , S/o. Lam Naresh, guardian mother the 1st petitioner. Door No. 5th Cross, Left Side Road Vijayawada, Andhra Pradesh aged 28 years R/o. Door No, aged 3 years,being minor rep by natural - . 42-2/1-42, DRWA-84, 1st Line. Besides Durga Devi Temple, Devi Nagar, ...RESPONDENTS / lA NO: 1 OF 207.-^ Petition under Section 151 CPC in the affidavit filed i urgent orders by suspend the operation of the in Crf.M.P. No. 818/2022 in F.C.O.P. No. 780/2020 by awarding maintenance amount of Rs. 7,500/- to the 1st petitioner petitioner. Counsel for the Petitioner: SRI SRINIVASULU P Counsel for the Respondents Nos.1&2 : The Court made the following ORDER : praying that in the circumstances stated in support of the petition, the High Court may be pleased to orders dated 19-05-2023 and Rs. 1,500/- to the 2nd SRI S BALA MOHAN RANGA /' / THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO / CRIMINAL REVISION CASE NO: 831/2023 / ORDER: Criminal Revision Case has been preferred under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C’) challenging the interim maintenance granted by the learned Principal FaWiily Court Judge, Vijayawada in Crl.M.P.No.818 of 2022 in F.C.O.P.No.780 of 2020 whereby and whereunder an amount Rs.7,500/- and Rs. 1,500/- respectively was granted in favour of the respondent Nos.1 and 2 towards interim maintenance. 2. Heard the learned counsel for the petitioner, and the learned Assistant Public Prosecutor. 3. Mr. P.Srinivasulu, the learned counsel for the petitioner submits that the amount granted by the learned Trail Court towards interim maintenance is excessive and jDeyond the financial capabilities of the petitioner. I 4. As seen from the record, the respondent No.1 in her cross-examination before the learned Trial Court in F.C.O.P.No.780/2020 as P.W.1 categorically admitted that she has been drawing an amount of Rs.9,000/- by working in 4 Reliance Smart. A suggestion was put to respondent No.1 by the learned counsel of the petitioner before the learned trial Courtthat the respondent NO.1 is working in Reliance Smart and receiving a salary of Rs.35,000/-. For that suggestion respondent No.1 denied and admitted that she has been drawing Rs.9,000/-. Respondent No.1 also admitted that she isan M.B.A postgraduate. A suggestion was put to the respondent No.1 that the I petitioner/husband is earning Rs.20,000/- per month, but it was denied. 2 Crl.R.C.No.831of2023 Dated 22.08.2025 5. However, it is an admitted fact that the petitioner has been A.P Technology Services as system in-charge and he The petitioner has been drawing Rs. 18,000/ working in is a B.Com graduate. - per month. In view of admission in her evidence that she has been drawing Rs.9,000/- the order of the learned Trial of Rs.7,500/- of the respondent No.1 i par month and she is an M.B.A postgraduate Court granting temporary maintenance per month to the respondent No.1 would not justify any reason and that order is unreasonabie one. Of course, at the time of passing of the impugned order, the Respondent was not there. No.1 was not cross-examined and her deposition 6. Admittedly, the respondent No.2 has been The respondent No.2 i living with respondent No.1. is aged about 5 years now. The learned Trial Court had granted Rs. 1,500/- per month to the respondent No.2 towards maintenance. In view of the latest developments admissions of the temporary emerged because of the respondent No.1 in her cross examination before the no justification to grant Rs.7,500/- per month to the learned Trial Court, there is respondent No.1. 7. It is not out of place to respondent No.1 a case mention that on the complaint lodged by was registered for the offence und4r Section 498-A of ‘the I.P.C.,’ but that case wap ended in acquittal. The petitioner/husband same is pending for consideration, circumstances of the case, the admission of been working jn Reliance Smart and has filed a divorce petition and 8. Considering the facts and ci the respondent No.1 that she has 3 Dr.YLR, J Crl.R.C.No.831of2023 Dated 22.08.2025 X' drawing Rs.9,000/- per month and the financial capabilities of the petitioner, this Court feels it appropriate to grant an amount of Rs.7,500/- per month to the 2'"'^ respondent until the final orders passed by the learned ) Court Judge, Vijayawada in F.C.O.P.No.780 of 2020. Principal Family 6. Resultantly, the order of the granting Rs.7,500/- respondent No.1 is set aside per month to the as she is a postgraduate, doing suitable employment and able to maintain herself. The order of granting Rs. 1,500/- towards temporary maintenance in favour of the 2"' respondent is enhanced to ,Rs.7,500/- per month until final result and disposal of the F.C.O.P.No.780 of 2020. 7. Accordingly, the Criminal Revision Case is disposed of.There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand SD/- V.DIWAKAR DEPUTY REGISTRAR closed. //TRUE COPY// SECTION OFFICER To 1. The Judge, Principal Family Court Cum IV Additional District Krishna District. Court 2. One CC to SRI. SRINIVASULU P Advocate [OPUC] 3. One CC to SRI. S BALA MOHAN RANGA Advocate [OPUC] 4. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi 5. Two CD Copies TAC '•.;X HIGH COURT DATED:22/08/2025 ORDER CRLRC NO. 831 OF 2023 AND^^ 2025 m Oi section THE CRLRC IS DISPOSED OF