APHC010301192019 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 CRIMINAL REVISION CASE NO: 1007/2019 Between: 1. R.YUGANDHAR, S/O R. BABU, AGED ABOUT 37 YEARS, OCC. MAJDHOOR/GHAR ROAD COOLI, RESIDING AT D TYPE QUARTERS, VINAYAKA NAGAR, TIRUPATI. ...PETITIONER AND 1. R DRAKSHAYANI, W/O R. YUGANDHAR, D/O A. NARAYANASWAMY, HINDU, AGED ABOUT 32 YEARS, OCC EMPLOYEE, 2. R MOUNIKA MINOR, AGED ABOUT 11 YEARS, D/O R. YUGANDHAR, HINDU, 3. R SAI ROHITH MINOR, AGED ABOUT 9 YEARS, S/O R. YUGANDHAR, HINDU, RESPONDENTS 2 AND 3 ARE MINORS, REP., BY THEIR NEXT FRIEND/NATURAL GUARDIAN/ MOTHER R. DRAKSHAYANI I.E., RESPONDENT NO. 1 ALL ARE RESIDING AT D. NO. 1-6-763/B1, INDIRA NAGAR, TIRUPATI TOWN, CHITTOOR DISTRICT. 4. THE STATE OF ANDRA PRADESH, REP BY ITS PUBLIC PROSECUTOR AMARAVATHI, A ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, High Court may be pleased to aggrieved by the Order and Decree as made in F.C.O.P.No.96 of 2017, on the file of The Court Of The Judge, Family Court-Cum- V Additional District Judge, Tirupathi dt 04-6-2019. Counsel for the Petitioner: 1. V NITESH Counsel for the Respondent(S): 1. CH VENKAT RAMAN 2. PUBLIC PROSECUTOR (AP) 2 The Court made the following: ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973, (for short ‘Cr.P.C.’ ) by the Petitioner, aggrieved by the Order and Decree dated 04.06.2019 passed in FCOP No.96 of 2017 on the file of the Court of Judge, Family Court-Cum-V Additional District Judge, Tirupati. The brief facts of the case are that Petitioner herein and respondent No.1 are husband and wife respectively. Respondents 2 and 3 are their children. Due to disputes between the couple, Petitioner and respondent No.1 are living separately. Respondents 2 and 3 are in the care and custody of the respondent No.1, who is the mother. Respondents 1 to 3 herein filed maintenance case in FCOP No.96 of 2017 seeking maintenance from the petitioner herein. After full fledged trial and considering the facts and circumstances of the case, the Learned District Judge vide Order dated 04.06.2019 partly allowed the petition and granted monthly maintenance of Rs.4000/- to respondent No.1 from the date of petition and Rs.2,500/- to respondent No.2 from the date of petition till she get married and Rs.2,500/- to respondent No.3 from the date of petition till he attains majority. The monthly maintenance amount is directed to be paid to the respondents 1 to 3 on or before 10th of every succeeding month. The said order is impugned in this Criminal Revision Case. Heard Sri V.Nitesh, learned counsel for the Petitioner, Sri Ch.Venkat Raman, learned counsel for respondents 1 to 3 and Ms.Priyanka Lakshmi, 3 learned Assistant Public Prosecutor for respondent State. Perused the material on record. Learned counsel would submit that from the date of passing the impugned order, petitioner has been paying maintenance to respondents 1 to 3 regularly. Further, respondent No.2, who is the daughter got married and living in her matrimonial home, whereas, respondent No.3, who is the son is going to attain majority soon. Learned counsel would further submit that for cancellation of the maintenance amount to the respondent No.1/wife, petitioner filed a petition before the trial Court on the ground that she is living in adultery. After arguing some time, learned counsel restricted the prayer and requested to grant liberty to the Petitioner to pursue the petition filed for cancellation of the maintenance amount, which is pending for consideration before the Trial Court. Learned counsel for the respondents 1 to 3 would submit that criminal revision case may be disposed of by recording the same. Considering the submissions made, liberty is granted to the Petitioner to pursue the petition filed for cancellation of the maintenance amount which is pending before the Trial Court, according to law. Accordingly, this Criminal Revision Case is disposed of. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 19.01.2026 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Revision Case No. 1007 of 2019 19.01.2026 Mjl /*