Extracted from the PDF above. The PDF is authoritative.
APHC010007892026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 17/2026 Between:
1. N RAMESH NAIDU, S/O. NACHU TATA RAO, AGED ABOUT 50 YEARS, PLEADERGARITHOTA, VALLAMPATIA, BORRAMPALEM VT. NARASAPURA M, CHINTALAPUDI,JANGAREDDYGUDEM,WEST GODAVARI DISTRICT
...PETITIONER AND
1. NACHU HEMALATHA, W/O. NACHU RAMESH NAIDU,D/O. LATE TRINADH NAIDU,AGED ABOUT 43 YEARS,R/O. D. NO. 16-2-15/1 C,SRIRAM NAGAR, NEAR APPM MILLSSRIRAM NAGAR POST,RAJAMAHENDRAVARAM URBAN,EAST GODAVARI DISTRICT
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI
...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to the above named petitioner begs to file this Criminal Revision Case against the judgment and order passed by the learned Hon'ble Family Court cum IX Additional District Judge, East Godavari, Rajamahendravaram, in FCOP No. 42 of 2022, dated 16-10-2025, for the following grounds among other IA NO: 1 OF 2026
2
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 to grant stay of all further proceedings in FCOP No. 42 of 2022 on the file of Honorable Family Court CUM IX Additional District Court, East Godavari, Rajahamendravaram, and pass Counsel for the Petitioner:
1. A.PADMA VANDITHA Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
2.
3
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 17/2026
ORDER:
The present Criminal Revision Case has been filed under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 16.10.2025 passed by the learned Family Court-cum-IX Additional District Judge, East Godavari, Rajamahendravaram in F.C.O.P.No.42 of 2022, granting maintenance @Rs.25,000/- per month to the respondent No.1 herein.
2. Heard Ms. A.Padma Vanditha, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State.
3.
Learned counsel for the petitioner would submit that the petitioner herein is the husband of the respondent No.1 against whom, a case in F.C.O.P.No.42 of 2022 has been filed by the respondent No.1 seeking maintenance. She would further submit that the learned Trial Judge without considering the financial constraints and statutory liabilities of the petitioner including his personal expenses, dependent family members and other unavoidable commitments, granted maintenance @Rs.25,000/- per month to the wife, though she is capable of maintaining herself.
4. Considering the submissions made, on perusal of the material on record and the impugned order, this Court, while exercising its revisional jurisdiction, does not sit as a Court of appeal. The scope of interference under revision is
4
limited and is to be exercised only when there is a patent illegality, material irregularity, or perversity in the order passed by the Trial Court. Unless the findings recorded by the learned Trial Judge suffer from jurisdictional error or are manifestly erroneous, this Court cannot interfere with the order. In the present case, the petitioner/husband, having participated in the trial before the Trial Court, chose not to adduce any evidence in support of his pleadings. On careful perusal of the impugned Order of the learned Trial Court, there are no material irregularities. There is no flagrant miscarriage of justice. No perverse findings. Hence, this criminal revision case is liable to be dismissed.
5. In view of the aforementioned premises, since there are no grounds to entertain revision against the impugned Order, this Criminal Revision Case is dismissed.
Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.01.2026. UPS
5
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL REVISION CASE NO: 17/2026
Dt.19.01.2026
UPS