Extracted from the PDF above. The PDF is authoritative.
APHC010032382025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE Nos: 81 & 266 OF 2025
Criminal Revision Case No.81 of 2025 Between:
SARAGADA NAVEEN KUMAR,, S/O ADIMURTHY @ JOSHUA, AGED ABOUT 35 YEARS, CHRISTIAN, PASTOR, RESIDENT OF KONADA VILLAGE, POOSAPATIREGA MANDAL, VIZIANAGARAM DISTRICT.
...PETITIONER AND
1. SARAGADA PRABHAVATHI, W/O NAVEEN KUMAR, C/O. AMBATI SRINIVASA RAO, AGED ABOUT 29 YEARS, CHRISTIAN, HOUSEWIFE, RESIDING AT D.NO. 2-2-15, 1ST FLOOR, BODDOJI NIVAS, VYSHNAVA VEEDHI, VIZIANAGARAM.
2. SARAGADA ENOSHDEV, S/O NAVEEN KUMAR, AGED 4 YEARS,BEING MINOR REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN, SARAGADA PRABHAVATHI, W/O NAVEEN KUMAR, C/O AMBATI SRINIVASA RAO, AGED ABOUT 29 YEARS, CHRISTIAN, HOUSEWIFE, RESIDING AT D.NO. 2-2-15, 1ST FLOOR, BODDOJI NIVAS, VYSHNAVA VEEDHI, VIZIANAGARAM.
3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF A.P., AT AMARAVATHI.
...RESPONDENT(S): Counsel for the Petitioner:
1. T V SRI DEVI Counsel for the Respondent(S):
1. VENKAT SAILENDRA G
2. PUBLIC PROSECUTOR Criminal Revision Case No.266 of 2025
Between:
1. SARAGADA PRABHAVATHI,, W/O NAVEEN KUMAR, C/O AMBATI SRINIVASA RAO, AGED ABOUT 27 YEARS. HOUSEWIFE, R/O D.NO.2-2- 15, 1ST FLOOR, BODDOJI NIVAS, VYSHNAVA VEEDHI, VIZIANAGARAM.
2. SARAGADA ENOSHDEV,, S/O NAVEEN KUMAR, AGED ABOUT 2 YEARS, BEING MINOR REP., BY HIS MOTHER/ NATURAL GUARDIAN 1ST PETITIONER,
R/O D.NO.2-2-15, 1ST FLOOR, BODDOJI NIVAS, VYSHNAVA VEEDHI, VIZIANAGARAM.
...PETITIONER(S) AND
2
1. SARAGADA NAVEEN KUMAR, S/O ADIMURTHY @ JOSHUA, AGED ABOUT 33 YEARS. PASTOR, R/O KONADA VILLAGE, POOSAPATIREGA MANDAL, VIZIANAGARAM DISTRICT.
...RESPONDENT Counsel for the Petitioner(S):
1. VENKAT SAILENDRA G Counsel for the Respondent:
1. T.V.SRI DEVI The Court made the following:
COMMON JUDGMENT:
The instant Criminal Revision Cases under Sections 438 read with 442 of BNSS have been filed by the Petitioners / Husband, Wife & Son respectively seeking to set aside the Order dated 06.09.2024 passed in F.C.M.C.No.44 of 2022 on the file of the Court of Family Judge-cum-III Additional District Judge, Vizianagaram.
2. Since both the revision cases are arising out of one and the same order, these matters are heard and disposed of together by way of common
judgment.
3. For the sake of convenience, the parties are referred to as they are arrayed in Crl.R.C.No.81 of 2025.
4. Heard Ms.T.V.Sridevi, learned counsel for the Petitioner / Husband and Sri G.Venkat Sailendra, learned counsel for the Respondent Nos.1 & 2 / Wife & Son. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor is in attendance.
5.
Learned counsel for the Petitioner / Husband would submit that the impugned order is unsustainable in law. The Respondent–Wife voluntarily left the matrimonial home without any sufficient reason and that the Petitioner is getting a meagre amount of Rs.5,000/- per month for working as a Pastor.
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The maintenance granted to Respondent Nos.1 and 2 is excessive and exorbitant.
6.
Learned counsel for Respondent Nos.1 & 2 / Wife & Son submits that the trial Court, awarded inadequate maintenance and failed to consider the financial capacity of Respondent No.1 and the future and education of Respondent No.2. Hence, the impugned order warrants interference and prays for enhancement of maintenance.
7. Having considered the submissions on both sides, it is evident that the dispute primarily relates to the assessment of income and the maintenance amount. The Trial Court has carefully examined the evidence has rightly awarded maintenance of Rs.10,000/- and Rs.8,000/- per month to Respondent Nos.1 & 2 respectively. While both parties have raised
contentions regarding income, there is no material on record to justify interference in the discretion exercised by the Trial Court.
8. In the result, both the Criminal Revision Cases are dismissed confirming the Order dated 06.09.2024 passed in F.C.M.C.No.44 of 2022 by the learned Family Judge-cum-III Additional District Judge, Vizianagaram.
Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:28.01.2026 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.R.C.Nos.81 & 266 of 2025
Dt.28.01.2026
Dinesh