APHC010285442022 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION Between: 1. SRI THOOMURAMACHANDRA RAO, S/O. LATE BANDELE, AGED 58 YEARS, RETD. ASST. ACCOUNTANT, ACCOUNT SECTION, (AOB), VISAKHAPATNAM POST TRUST, VISAKHAPATNAM. 1. SMT THOOMU RANI, W/O. RAMACHANDRARAO, AGED ABOUT YEARS, HOUSEHOLD DUTIES, C/O. MUNJETI SRINIVASARAO, R/AT WARD NO.23, CHALLA VEEDHI, NEAR POTTI SRIRAMULU JN., SRIKAKULAM TOWN AND DISTRICT 2. MASTER THOOMU SUDARSHINI, D/O. RAMACHANDRARAO, AGED ABOUT 16 YEARS, STUDENT, C/O. MUNJETI SRINIVASARAO, R/A WARD NO.23, CHALLA VEEDHI, NEAR POTTI SRIRAMULU JN., SRIKAKULAM TOWN AND DISTRICT. (THE 2ND RESPONDENT IS BEING MINOR,REP BY HER MOTHER I.E., 1ST RESPONDENT) Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased topleased to set aside the order dated 21-02-2022 in Crl.MP No. 81 of 2020 in FCMC No. 10 of 2020 granting the interim maintenance of Rs. 15,000/ passed by the Court of Family Judge cum III Addl. District Judge at Srikakulam, in favour of the revision petitioner and pass 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 821/2022 SRI THOOMURAMACHANDRA RAO, S/O. LATE BANDELE, AGED 58 YEARS, RETD. ASST. ACCOUNTANT, ACCOUNT SECTION, (AOB), VISAKHAPATNAM POST TRUST, VISAKHAPATNAM. ...PETITIONER AND SMT THOOMU RANI, W/O. RAMACHANDRARAO, AGED ABOUT YEARS, HOUSEHOLD DUTIES, C/O. MUNJETI SRINIVASARAO, R/AT WARD NO.23, CHALLA VEEDHI, NEAR POTTI SRIRAMULU JN., SRIKAKULAM TOWN AND DISTRICT MASTER THOOMU SUDARSHINI, D/O. RAMACHANDRARAO, AGED ABOUT 16 YEARS, STUDENT, C/O. MUNJETI SRINIVASARAO, R/A WARD NO.23, CHALLA VEEDHI, NEAR POTTI SRIRAMULU JN., SRIKAKULAM TOWN AND DISTRICT. (THE 2ND RESPONDENT IS BEING MINOR,REP BY HER MOTHER I.E., 1ST RESPONDENT) ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the mstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased topleased to set aside 2022 in Crl.MP No. 81 of 2020 in FCMC No. 10 of 2020 granting the interim maintenance of Rs. 15,000/- in total to the respondents passed by the Court of Family Judge cum III Addl. District Judge at Srikakulam, in favour of the revision petitioner and pass IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA SRI THOOMURAMACHANDRA RAO, S/O. LATE BANDELE, AGED 58 YEARS, RETD. ASST. ACCOUNTANT, ACCOUNT SECTION, (AOB), ...PETITIONER SMT THOOMU RANI, W/O. RAMACHANDRARAO, AGED ABOUT 39 YEARS, HOUSEHOLD DUTIES, C/O. MUNJETI SRINIVASARAO, R/AT WARD NO.23, CHALLA VEEDHI, NEAR POTTI SRIRAMULU JN., MASTER THOOMU SUDARSHINI, D/O. RAMACHANDRARAO, AGED ABOUT 16 YEARS, STUDENT, C/O. MUNJETI SRINIVASARAO, R/AT WARD NO.23, CHALLA VEEDHI, NEAR POTTI SRIRAMULU JN., SRIKAKULAM TOWN AND DISTRICT. (THE 2ND RESPONDENT IS BEING MINOR,REP BY HER MOTHER I.E., 1ST RESPONDENT) ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the mstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased topleased to set aside 2022 in Crl.MP No. 81 of 2020 in FCMC No. 10 of 2020 in total to the respondents passed by the Court of Family Judge cum III Addl. District Judge at 2 IA NO: 1 OF 2022 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 pleased to condone the delay of 56 days in representing the CRLRCSR NO 5408 of 2022 in the interest of justice and to pass IA NO: 2 OF 2022 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 pleased to stay all further proceedings in FCMC No. 10 of 2020 on the file of the Honourable Court of the Family Judge Cum III Addl. District and Sessions Judge, Srikakukam, Srikakulam District, till the pending disposal of the above Criminal Revision Case and grant Counsel for the Petitioner: 1. T DIWAKAR REDDY Counsel for the Respondent(S): 1. S LAKSHMINARAYANA REDDY The Court made the following: 3 ORDER: This Criminal Revision Case is filed by the revision petitioner challenging the order dated 21.02.2022 passed in Crl.M.P. No.81 of 2020 in F.C.M.C. No. 10 of 2020 on the file of the Court of the Family Judge-cum-III Additional District Judge, Srikakulam, whereby interim maintenance of Rs.8,000/- per month to respondent No.1 and Rs.7,000/- per month to respondent No.2 (total Rs.15,000/- per month) was awarded. 2. Heard Sri T.Diwakar Reddy, learned counsel for the petitioner and Sri S.Lakshmi Narayana Reddy, learned counsel for the respondents. 3. The case of the revision petitioner is that, petitioner is the husband of respondent No.1 and father of respondent No.2 and that he has been maintaining them to the best of his ability. He further submitted that the Trial Court failed to appreciate that the petitioner retired from service in September, 2021 and has been receiving only a monthly pension of Rs.22,500/- from 01.10.2021 onwards. He would further submit that the Trial Court ignored the evidence on record regarding his reduced income and medical expenses incurred towards treatment for heart disease and erroneously granted interim maintenance as though he was still in regular service drawing full salary. It is also contended that while in service, the petitioner had agreed to pay Rs.15,000/- per month to both 4 respondents and paid the same, but after retirement his financial condition drastically changed. The petitioner further submits that respondent No.1 left the matrimonial home without reasonable cause and despite several efforts, including convening panchayats and filing HMOP No. 38 of 2020 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, the respondents failed to resume cohabitation. 4. Learned counsel for respondent No.2 would submit that the Trial Court, after considering the material on record, rightly granted interim maintenance, keeping in view the needs of the wife and minor child, and that no interference is warranted in revision. 5. Considering the submissions and perused the material available on record, this Court finds that F.C.M.C. No. 10 of 2020 is of the year 2020 and is still pending adjudication. Since the main case itself is pending and the impugned order relates to interim maintenance, this Court is of the view that it would be appropriate to direct expeditious disposal of the main matter. 6. Accordingly, this Criminal Revision Case is disposed of, directing the learned Family Judge-cum-III Additional District Judge, Srikakulam, to dispose of F.C.M.C. No. 10 of 2020 as expeditiously as possible, 5 preferably on or before 16.03.2026, in accordance with law. The learned Trial Judge shall submit a report regarding the progress of the case to the Registrar (Judicial) on or before 16.03.2026. Registry is directed to communicate this order forthwith to the concerned officer. As a sequel, thereto miscellaneous petitions pending if any shall stand closed. There shall be no order as to costs. _______________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.02.2026 KKV