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2026 DAILYLAW 14592 (AP)

Kolluru Vijaya Nirmala v. The State of Andhra Pradesh

CRLRC/25/2026 · 2026-01-18

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010008502026 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 I.A.No.1 of 2026 In/and CRIMINAL REVISION CASE NO: 25/2026 Between: 1. KOLLURU VIJAYA NIRMALA, W/O. MURALI KRISHNA,D/O. MURUKUTIA KHALIDASU, HINDU, AGED ABOUT 47 YEARS.HOUSE WIFE. DOOR NO.25-3-106, C/O.KALYANI TAILORS,ETHU ROAD CENTRE, ADAPAVARI STREET, NEAR RAMALAYAM,GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,AT HONBLE HIGH COURT OF AP AT AMARAVATI 2. KOLLURU MURALI KRISHNA, S/O. LATE SUBBA RAO, HINDU,AGED ABOUT 53 YEARS. GOVT. EMPLOYEE, DOOR NO. 14-11-17/3,R/O. VENKATESWARA NAGAR, NIDUBROLU VILLAGE, PONNURU MANDAL,GUNTUR DISTRICT. ...RESPONDENT(S): Revision filed under Section 397/401 of Cr.P.C., 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 Appellant begs to present this Memorandum of Criminal Revision against the Order/Judgment and Decree dated 15.05.2023, passed in FCOP.No:477 of 2017 on the file of 2 the Family Court Cum-XII Addl. District Judge, Guntur following are the facts and grounds among other IA NO: 1 OF 2026 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 condone the delay of (846 ) days in filing the above CRLRC filed against the FCOP.No:477 of 2017, dated 15.05.2023 on the file of Family Court Cum-XII AddI. District Judge, Guntur and pass Counsel for the Petitioner: 1. KARUMANCHI INDRANEEL BABU Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2026 In/and CRIMINAL REVISION CASE NO: 25/2026 COMMON ORDER: I.A.No.1 of 2026 in Crl.R.C.No.25 of 2026 was filed for condoning the delay of 846 days in filing the present criminal revision case. 2. The present Criminal Revision Case has been filed under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order and decree dated 15.05.2023 passed by the learned Family Court-cum-XII Additional District Judge, Guntur, in F.C.O.P.No.477 of 2017. 3. Since the criminal revision case is being disposed of at the stage of admission itself and there is an I.A. for condonation of delay, the following common order is passed 4. Heard Sri Karumanchi Indraneel Babu, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State. 5. Learned counsel for the petitioner would submit that it is a case where the petitioner/wife filed a petition vide F.C.O.P.No.477 of 2017 under Section 125 of Code of Criminal Procedure (for short “Cr.P.C.,”), seeking maintenance @ Rs.20,000/- per month. After full-fledged Trial, learned Trial Judge granted maintenance @Rs.15,000/- per month from the date of filing of the petition for 4 maintenance. The petitioner/wife being aggrieved by the Order dated 15.05.2023 passed in F.C.O.P.No.477 of 2017 by the learned Trial Judge, filed the present revision case seeking enhancement of the maintenance. 6. This Court does not find any force in the contention. The reason being the learned Presiding Officer keeping in mind the circumstances of the case as on the date of filing of the maintenance case, awarded the maintenance @Rs.15,000/- per month. While so, the learned Judge has awarded the maintenance from the date of filing of the F.C.O.P., which was filed in the year 2017. Learned Trial Judge though granted maintenance vide Order dated 15.05.2023, but awarded the maintenance from the date of filing of the petition. That being the case, the petitioner has to recourse her remedy before the very same Court seeking enhancement of the maintenance. 7. At this juncture, learned counsel for the petitioner would submit that giving such liberty, the petition may be disposed of. 8. In that view of the matter, the I.A.No.1 of 2026 is disposed of. Consequently, the present Criminal Revision Case is also disposed of at the stage of admission itself, giving liberty to the petitioner to file an appropriate application before the very same Court seeking enhancement of the maintenance. 5 Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.01.2026. UPS 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2026 In/and CRIMINAL REVISION CASE NO: 25/2026 Dt.19.01.2026 UPS