APHC010171122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 378/2026 Between: 1. VEMULA SURESH, S/O VEMULA RAMESH, AGED 35 YEARS R/O B- BLOCK-324, VAMBAY COLONY, AJITSINGH NAGAR, VIJAYAWADA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P AT AMARAVATHI. 2. VEMULA MALLESWARI, W/O VEMULA SURESH, HINDU, AGED 30 YEARS, R/O B-BLOCK-59, VAMBAY COLONY, AJITSINGH NAGAR, VIJAYAWADA. 3. VEMULA TEJASRI, D/O VEMULA SURESH, HINDU, AGED 13 YEARS, R/O B-BLOCK-59, VAMBAY COLONY, AJITSINGH NAGAR, VIJAYAWADA. 4. VEMULA BHANUSRI, D/O VEMULA SURESH, HINDU, AGED 11 YEARS, R/O B-BLOCK-59, VAMBAY COLONY, AJITSINGH NAGAR, VIJAYAWADA. 5. VEMULA SIVA PHANI, D/O VEMULA SURESH HINDU, AGED 7 YEARS, R/O B-BLOCK-59, VAMBAY COLONY, AJITSINGH NAGAR, VIJAYAWADA. (PETITIONERS 3 TO 5 BEING MINORS, ARE REPRESENTED BY THEIR MOTHER I.E., THE 1ST PETITIONER) RESPONDENTS ...RESPONDENT(S): 2 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 call for the records, set aside the order dated 29.01.2026 in CrI.M.P. No. 598 of 2025 in F.C.O.P No 1596 of 2024 on the file of the court of Principal Family Court Cum IV Additional District Judge, Vijayawada and pass 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 suspend the operation of the order dated 29.01.2026 in CrI. M.P. No 598 of 2025 in FCOP No. 1596 of 2024 on the file of the court of Principal Family Court Cum IV Additional District Judge, Vijayawada pending final disposal of the main revision and pass Counsel for the Petitioner: 1. MOHAMMED ABDUL BASITH Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 378/2026 JUDGMENT: This Criminal Revision Case has been filed by the petitioner seeking to set-aside the order dated 29.01.2026 passed in CrI.M.P.No.598 of 2025 in F.C.O.P No.1596 of 2024 by the court of Principal Family Court-cum-IV Additional District Judge, Vijayawada, granting interim maintenance of Rs.5,000/- per month to the respondent No.2 and Rs.1,000/- each per month to the respondent Nos. 3 to 5. 2. Heard Sri Mohammed Abdul Basith, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State. 3. The petitioner herein is the husband. The Respondent No.2 is the wife and the respondent Nos. 3 to 5, are the children of the petitioner and the respondent No.2. The respondent Nos.2 to 5 filed F.C.O.P No.1596 of 2024 on the file of Principal Family Court-cum-IV Additional District Judge, Vijayawada, seeking maintenance against the petitioner herein. During the course of enquiry, they filed CrI.M.P.No.598 of 2025, seeking interim maintenance, wherein, the learned Judge, after due consideration, granted interim maintenance of Rs.5,000/- per month to the respondent No.2 and Rs.1,000/- each per month to the respondent Nos. 3 to 5. Aggrieved by the said order, the petitioner preferred the present revision. 4 4. Learned counsel for the petitioner would submit that the interim maintenance granted by the learned Trial Court is on the higher side. The learned Judge failed to consider the substantial recurring expenses and the existing financial liabilities borne by the petitioner. The petitioner is working on out-sourcing basis in Vijayawada Municipal Corporation and his salary is Rs.13,087/- only. He is the sole bread winner of his family, consisting of mother, widowed sister and her minor son. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders, as the impugned order pertains only to interim maintenance. 6. As can be seen from the record, the present revision has been preferred against the order granting interim maintenance. A perusal of the impugned order indicates that it is not in dispute that the wife and children are residing separately from the petitioner, nor is there any dispute regarding the relationship between the petitioner herein and respondent No.2. The contentions raised in the present revision are disputed questions of fact, and this is not the appropriate stage to determine the genuineness or otherwise of the claims made by the parties. The learned Trial Judge, after taking into consideration the material placed before him, passed the impugned order. 7. Considering the submissions made and on perusal of the material on record, the respondents have demonstrated need for maintenance, and the petitioner, being an able-bodied person, is bound to support his wife and children. The decision of the learned Trial Judge is based on sound judicial 5 principles and proper appreciation of the material on record, taking into consideration the income of the husband. The learned Judge has rightly granted interim maintenance at the rate of Rs.5,000/- per month to the respondent No.2 and Rs.1,000/- each per month to the respondent Nos. 3 to 5 and the impugned order is legal and based on proper appreciation of the evidence. Hence, this Court is of the view that there are no grounds warranting interference with the said order. In that view of the matter, the present revision is liable to be dismissed. 8. Accordingly, the Criminal Revision Case is dismissed. However, the parties are at liberty to raise all their contentions during the course of enquiry. Learned Trial Judge is directed to consider the same and take appropriate decision and dispose of the main case as expeditiously as possible without granting any adjournment in a casual way. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.04.2026. UPS 6 87 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 378/2026 Dt.07.04.2026 UPS