Extracted from the PDF above. The PDF is authoritative.
APHC010541832024
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1303 Between:
1. MADUGUNDU SRIDHAR,, S/O. M. RAMAIAH, HINDU, AGED ABOUT 43 YEARS, OCC SOFTWARE ENGINEER, R/O. FLAT NO.201, PLOT NO. 14 1-19/564, SAI KRUPA NILAYAM, GAYATRI NILAYAM, ALLAPUR, BALA NAGAR, RANGA REDDY DISTRICT, HYDERABAD, TELANGANA
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
2. MADUGUNDU SUCHARITHA, W/O. M. SRIDHAR, HINDU, OCC HOUSE WIFE, AGED ABOUT 38 YEARS, R/O.
BRINDAVAN COLONY, KRISHNA NAGAR, KALLUR, KURNOOL CITY AND DIST. - 518 002
3. MADUGUNDU MOKSHASRI, D/O. M. SRIDHAR, HINDU, AGED ABOUT 14 YEARS, R/O. H.NO.79/4647 NAGAR, KALLUR, KURNOOL CITY AND
4. MADUGUNDU KRITHIK, S/O. M. SRIDHAR, HINDU, AGED ABOUT 12 YEARS, R/O. H.NO.79/4647 NAGAR, KALLUR, KURNOOL CITY AND DIST. RESPONDENTS ARE MINORS AND ARE BEING REP. BY HER M AND NATURAL GUARDIAN I.E., THE 2ND RESPONDENT)
Counsel for the Petitioner:
1. VARUN BYREDDY IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1303 OF 2024 MADUGUNDU SRIDHAR,, S/O. M. RAMAIAH, HINDU, AGED ABOUT 43 YEARS, OCC SOFTWARE ENGINEER, R/O. FLAT NO.201, PLOT NO. 14 19/564, SAI KRUPA NILAYAM, GAYATRI NILAYAM, ALLAPUR, BALA NAGAR, RANGA REDDY DISTRICT, HYDERABAD, TELANGANA ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MADUGUNDU SUCHARITHA, W/O. M. SRIDHAR, HINDU, OCC HOUSE WIFE, AGED ABOUT 38 YEARS, R/O. H.NO.79/4647 BRINDAVAN COLONY, KRISHNA NAGAR, KALLUR, KURNOOL CITY AND MADUGUNDU MOKSHASRI, D/O. M. SRIDHAR, HINDU, AGED ABOUT 14 YEARS, R/O. H.NO.79/4647-P-6-401, BRINDAVAN COLONY, KRISHNA NAGAR, KALLUR, KURNOOL CITY AND DIST. - 518 002 MADUGUNDU KRITHIK, S/O. M. SRIDHAR, HINDU, AGED ABOUT 12 YEARS, R/O. H.NO.79/4647-P-6-401, BRINDAVAN COLONY, KRISHNA NAGAR, KALLUR, KURNOOL CITY AND DIST. - 518 002 (NOTE AND 4TH RESPONDENTS ARE MINORS AND ARE BEING REP. BY HER M AND NATURAL GUARDIAN I.E., THE 2ND RESPONDENT) ...RESPONDENT(S): Counsel for the Petitioner:
IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO MADUGUNDU SRIDHAR,, S/O. M. RAMAIAH, HINDU, AGED ABOUT 43 YEARS, OCC SOFTWARE ENGINEER, R/O. FLAT NO.201, PLOT NO.
14- 19/564, SAI KRUPA NILAYAM, GAYATRI NILAYAM, ALLAPUR, BALA NAGAR, RANGA REDDY DISTRICT, HYDERABAD, TELANGANA - 500 018 ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MADUGUNDU SUCHARITHA, W/O. M. SRIDHAR, HINDU, OCC HOUSE H.NO.79/4647-P-6-401, BRINDAVAN COLONY, KRISHNA NAGAR, KALLUR, KURNOOL CITY AND MADUGUNDU MOKSHASRI, D/O. M. SRIDHAR, HINDU, AGED ABOUT 14 401, BRINDAVAN COLONY, KRISHNA MADUGUNDU KRITHIK, S/O. M. SRIDHAR, HINDU, AGED ABOUT 12 401, BRINDAVAN COLONY, KRISHNA 518 002 (NOTE AND 4TH RESPONDENTS ARE MINORS AND ARE BEING REP. BY HER MOTHER ...RESPONDENT(S):
Counsel for the Respondent(S):
1. MAHADEVA KANTHRIGALA
2. PUBLIC PROSECUTOR The Court made the following Order :
The Criminal Revision Case is filed under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, aggrieved by the impugned Order passed by the learned Family Court-cum-IV Additional District Judge, Kurnool (for brevity ‘the learned Trial Court’), dated 25.07.2024 in Crl.M.P.Ṇo.237 of 2023 in F.C.M.C.No.28 of 2023. 2. Heard Mr. Varun Byreddy, learned counsel for the Petitioner; Ms. P. Akhila Naidu, learned Assistant Public Prosecutor for Respondent No.1 and Mr. Mahadeva.K, learned counsel for the Respondents 2 to 4. 3. ‘The learned Trial Court’ on 25.07.2024 in Crl.M.P.No.237 of 2023 in F.C.M.C.No.28 of 2023 on application filed by the unofficial Respondents granted interim maintenance of Rs.10,000/- (Rupees ten thousand only) per month to the Respondent No.1 and Rs. 5,000/- (Rupees five thousand only) per month each to Respondents 2 and 3 from the date of filing of that petition till the disposal of the main maintenance case. A direction was also given to the Petitioner to pay arrears of interim maintenance within two months from the date of that order and continue to pay the interim maintenance as mentioned supra, on or before 10th of every succeeding month. 4. Mr. Varun Byreddy, learned counsel for the Petitioner would submit that the Respondent No.2 herself without any justifiable cause left from the
matrimonial company of the Petitioner. Respondent No.2 is a graduate capable of maintaining herself.
Without considering certain important aspects, ‘the learned Trial Court’ hastily granted interim maintenance, which has become onerous to the Petitioner to comply with it. 5. Per contra, Mr. Mahadeva.K, learned counsel for the Respondents No.2 to 4 submits that ‘the learned Trial Court’ having considered the gamut of the case, passed a reasonable order and there is no necessity to interfere on whatsoever grounds and urged to dismiss the Criminal Revision Case, stating that the Respondents No.3 and 4, who are minor children are with the Respondent No.2, who is maintaining them. The Petitioner has been working as Software Engineer in BYJU’s company and drawing salary of Rs. 2,50,000/- per month. The Respondent No.2 has been spending huge amounts towards education of the two minor children. 6. Considering the facts and circumstances of the case, this Court is of the benign view that the Criminal Revision Case would be disposed of by slightly modifying the interim order passed by ‘the learned Trial Court’ by directing the Petitioner to pay an amount of Rs.7,500/- (Rupees seven thousand and five hundred only) per month towards maintenance to the Respondent No.2 and Rs. 3,000/- (Rupees three thousand only) per month each to the Respondents No.3 and 4, besides the Petitioner meeting educational expenses, if any, of his children, until dispose of the F.C.M.C.No.28 of 2023 by ‘the learned Trial Court’. The arrears, if any, shall
be paid by the Petitioner to the Respondents No. 2 to 4 within a period of eight (08) weeks. 7. Accordingly, the Criminal Revision Case is disposed of. Any observations made in this case are not binding on ‘the learned Trial Court’, they are made only for the sake of convenience in disposing of the Criminal Revision Case. ‘The learned Trial Court’ is directed to dispose of the F.C.M.C.No.28 of 2023 as early as possible. 8. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
_________________________________ DR.Y. LAKSHMANA RAO,J Date: 06.10.2025
KK
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL REVISION CASE NO: 1303 OF 2024
06.10.2025
KK