1 APHC010920422017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 39635 OF 2017 Between: 1. Mrs. Kanumolu N. Kedareswari,, W/o Kanumolu Venu Kumar, D/o. T. N. V. Satyanarayana, Aged 25 Yrs, Occ: Housewife R/o. Ankamvari Street, Door No. 20E-18-2, Eluru, West Godavari District, Andhra Pradesh. 2. Kumari Kanumolu Sri Pragnya, D/o. Kanumolu Venu Kumar,Occ: Student Aged: 6 Years R/o. Ankamvari Street, Door No. 20E-18-2, Eluru,West Godavari District, Andhra Pradesh. 3. Master Kanumolu Nihal Sai Nandan, S/o.Kanumolu Venu Kumar, Occ: Student Aged: 11 Months R/o. Ankamvari Street, Door No. 20E-18-2, Eluru,West Godavari District, Andhra Pradesh. (The Petitioners 2 & 3 being minors are represented by 1st Petitioner as Mother and Natural Guardian) ...Petitioners AND 1. The Union Government of India, Ministry of Defence, (Navy), Represented by its Joint Secretary, South Block, New Delhi-110011 2. The President, NWWA (Navy Women Welfare Association), INS Rajali, Arakkoram, Vellore District-631002 Tamil Naidu. 3. The Squadron Commander INAS 312A, INS Rajani Arakkoram- 631002 Vellore District Tamil Nadu. 4. The Flag Officer Commanding in Chief Staff Officer, (Personnel), Head Quarters Eastern Naval Command, Visakhapatnam- 530014 Andhra Pradesh . 2 5. The Commodore Bureau of Sailors, Cheetah Compasoin Trombay Road, Mankhurd,Mumbai-400088. 6. Principal Director Personnel Services, Integrated Head Quarters, Ministry of Defence (Navy), New Delhi-110011. 7. Venu Kumar K POAAH INS Rajali INS 312A, Naval Base Q. No. B3/7, Arakkonam-631006. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus to declare the inaction in not considering the complaint/claim of maintenance dated 23.01.2017 including earlier representation of the 1st petitioner submitted to the 3rd respondent for granting maintenance to the petitioners 1 to 3 against the 7th respondent is illegal, arbitrary, unjust and also in violation of Section 31 of the Navy Act, 1957 as well as violation of principles of natural justice including Art.21 of the Constitution of India and consequently direct the respondents 1 to 6 to grant and initiate proceedings of maintenance amounts to the petitioners 1 to 3 by deducting from the salary of the 7th respondent including costs of the legal and executive proceedings and to pass IA NO: 1 OF 2017(WPMP 49146 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondent 3 to take action on the complaint Dt. 23- 01-2017 including the earlier representations of the 1st petitioner to grant and initiate proceedings of maintenance amounts to the petitioners 1 to 3 by deducting from the salary amount of the 7th respondent under Sec 31 3 of Navy Act, 1957 etc. amounts including the costs of legal and executive proceedings, and pass Counsel for the Petitioners: K J V N PUNDAREEKAKSHUDU Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondents:JOSYULA BHASKARA RAO(SENIOR PANEL COUNSEL FOR CENTRAL GOVT.) The Court made the following order: 4 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.39635 OF 2017 ORDER: The instant writ petition has been filed by the petitioners under Article 226 of Constitution of India seeking the following main prayer: “to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus to declare the inaction in not considering the complaint/claim of maintenance dated 23.01.2017 including earlier representation of the 1st petitioner submitted to the 3rd respondent for granting maintenance to the petitioners 1 to 3 against the 7th respondent is illegal, arbitrary, unjust and also in violation of Section 31 of the Navy Act, 1957 as well as violation of principles of natural justice including Art.21 of the Constitution of India and consequently direct the respondents 1 to 6 to grant and initiate proceedings of maintenance amounts to the petitioners 1 to 3 by deducting from the salary of the 7th respondent including costs of the legal and executive proceedings and to pass …..” 2. The principle grievance of the petitioners, who are wife and children of the unofficial 7th respondent working in the Navy, is that they are seeking maintenance from the 7th respondent husband. In that process, the first petitioner – wife preferred a complaint/claim of maintenance dated 23.01.2017 to the respondent authorities. 5 3. At the time of admission of this writ petition, this Court not inclined to grant any interim orders in favour of the writ petitioners. 4. Today, when the matter is taken up for hearing in the morning session one junior advocate represented on behalf of learned counsel for the petitioners and thereafter, in the afternoon session, no representation for the petitioners. 5. On the other hand, the learned Standing Counsel for Central Government – respondents 1 to 6 submits that subsequent to filing of instant writ petition, the petitioners herein instituted M.C.No.31 of 2019 on the file of VII Additional District Judge, Family Court, West Godavari, Eluru, under Section 125 Cr.P.C. seeking monthly maintenance of Rs.50,000/- to the 1st petitioner-wife as well as Rs.25,000/- each to the petitioners 2 and 3 – children from the unofficial respondent No.7. 6. The said M.C. 31 of 2019 was dismissed vide orders dated 29.07.2022. To that effect, the learned Standing Counsel submitted the downloaded copy of the order dated 29.07.2022 in M.C.No.31 of 2019. The same is made as part of record. 6 7. In view of subsequent events taken place in the lis, the writ petition is dismissed. However, the petitioners may avail their legal remedies in accordance with law. 8. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:24.12.2025 Rns 7 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.39635 of 2017 Date:24.12.2025 Rns