Extracted from the PDF above. The PDF is authoritative.
APHC010205152020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 326/2020 Between:
D.SUDHAKAR REDDY, S/O D.PULLA REDDY AGE 62 YEAR R/O H.NO.76-118, WARD NO.43 KRISHNA REDDY NAGAR, OLD IV TOWN PS BUILDING KURNOOL, KURNOOL DISTRICT, A.P.
...PETITIONER AND
1. DEEVAGUNTLA VENKATESWARAMMA, W/O DEEVAGUNTA SUDHAKAR REDDY, AGED 50 YEARS, HINDU ,HOUSE WIFE.
2. D VINEETHA REDDY, D/O.D.SUDHAKAR REDDY AGED ABOUT 23 YEARS OCC HOUSEHOLD BOTH R/O.H.NO.87/657 MADHAVI NAGAR, B-CAMP, KURNOOL A.P.
3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI
...RESPONDENT(S): Counsel for the Petitioner:
1. K VISWANATHAM Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR (AP)
2. SIDDARTH C B The Court made the following:
ORDER:
The instant Criminal Revision Case under Sections 397 and 401 of Cr.P.C has been filed by the Petitioner / husband seeking to set aside the
Order dated 10.02.2020 passed in F.C.M.C.No.30 of 2018 on the file of the Court of Family Judge-cum-IV Additional District Judge, Kurnool.
2
2. Heard Sri K.Viswanatham, learned counsel for the Petitioner / Husband and Sri C.B.Siddharth learned counsel for the Respondent Nos.1 & 2 / Wife & daughter. Sri K.Sandeep, learned Assistant Public Prosecutor is in attendance.
3.
Learned counsel for the Petitioner / Husband would submit that the impugned order is unsustainable in law. Respondent No.2 / Daughter is aged 21 years, major and is not entitled to maintenance under Section 125 Cr.P.C.
Learned counsel would further submit that the Petitioner is a retired Head Constable and his pension papers were returned and it requires the signature of Respondent No.1 since she is a nominee. It is further submitted that Respondent Nos.1 and 2 voluntarily left the company of the Petitioner.
Learned counsel would further submit that the maintenance awarded by the learned trial Court is excessive and arbitrary and warrants interference in revision.
4.
Learned counsel for Respondent Nos.1 & 2 / Wife & Daughter submits that, Respondent No.2, though a major, is unemployed and unable to maintain herself, and is therefore entitled to maintenance under Section 125 Cr.P.C.
Learned counsel would further submit that the maintenance awarded by the trial court is reasonable and proportionate, and any reduction would cause undue hardship.
5. After hearing learned counsel for the parties and having considered the record, it is observed that Respondent No.2, though a major, is unemployed and unable to maintain herself. The trial court has considered the financial
3
position of the Petitioner and the needs of Respondent Nos.1 and 2, and has awarded maintenance in a reasonable and proportionate manner. No case has been made out for interference. The fact that Respondent Nos.1 and 2 voluntarily left the company of the Petitioner does not disentitle them from maintenance, especially where Respondent No.2 is incapable of supporting herself.
6. In the present case, the learned trial Court, upon appreciation of the material on record, has awarded maintenance of Rs.6,000/- per month each to Respondent Nos.1 and 2. The said quantum cannot be said to be either excessive, as contended by the husband, warranting interference in revisional jurisdiction.
7. In the result, the Criminal Revision Case is dismissed confirming the
Order dated 10.02.2020 passed in F.C.M.C.No.30 of 2018 on the file of the Court of Family Judge-cum-IV Additional District Judge, Kurnool. However, Petitioner is at liberty to work out his remedies before the trial Court, if there is any subsequent change in circumstances. On such filing, the learned trial Court may take appropriate decision over the same on its own merits and in accordance with law, without being influenced by the dismissal of the present revision.
Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:10.02.2026 Dinesh
4
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.R.C.No.326 OF 2020
Dt.10.02.2026
Dinesh