APHC010341492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 741/2024 Between: 1. ALLENA SWAMY DHEERAJ, S/O LATE ALIENA GOWRI SHANKAR, AGED ABOUT 30 YEARS, R/O. PLOT NO. 4-170/86, MADHAVAPURI COLONY, SAINIKPURI. ...PETITIONER AND 1. SMT ALLENASEKHARAMAHANTI SAI HARINI, W/O. SWAMY DHEERAJ, AGED ABOUT 24 YEARS, D/O. D.NO.39-16-25, 2ND FLOOR, SANAPLA TATAYYA NIVAS, MADHAVADARA. 2. THE STATE OF A P, REP. BY ITS PUBLIC PROSECUTOR. HIGHCOURT OF ANDHRAPRADESH AT AMARAVATI ...RESPONDENT(S): Revision filed under Section 397/401 of Cr.P.C 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 entire records connected to order dated 26-04-2024 passed in Crl.MP.No.192 of 2023 in OP. No. 2175/2022 on the file of the Court of The Additional Family Court, Visakapatnam, and set aside the same and pass IA NO: 1 OF 2024 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 order dated 26-04-2024, passed in Crl.MP.No.192 of 2023 in OP. No. 2175/2022 on the file of the Court of The AddI Family Court, 2 Visakhapatnam, pending disposal of the Criminal Revision before this Hon’ble Court and pass Counsel for the Petitioner: 1. RAMAKRISHNA AKURATHI Counsel for the Respondent(S): 1. ABHISHEK NAIDU AKKENA 2. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE No: 741/2024 JUDGMENT: The present Criminal Revision Case has been filed by the Petitioner seeking to set aside the order dated 26.04.2024 passed in Crl.MP.No.192 of 2023 in OP.No.2175 of 2022 by the learned Additional Family Court, Visakhapatnam. 2. Heard Sri Ramakrishna Akurathi, learned counsel for the petitioner, Sri Abhishek Naidu Akkena, learned counsel for the respondent No.1 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State is in attendance. 3. The petitioner herein and the respondent No.1 are husband and wife. The respondent No.1 filed OP.No.2175/2022 on the file of the Court of the Additional Family Court, Visakhapatnam seeking maintenance under Section 125 of Cr.P.C. During the pendency of the said petition, she filed a petition in Crl.MP.No.192 of 2023, seeking interim maintenance, wherein, the learned Trial Judge, after due consideration, granted interim maintenance of Rs.10,000/- (Rupees Ten Thousand only) per month to the respondent No.1 from the date of the petition. Aggrieved by the said interim maintenance, the present Criminal Revision Case has been preferred. 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. It is also contended that the 4 Trial Court failed to note that Respondent No. 1, the wife of the petitioner, has sufficient independent income and is not unable to maintain herself. It is further submitted that the learned Trial Judge failed to consider the fact that the respondent No.1 deserted the petitioner. 5. Learned counsel for the respondent No.1 would submit that the order passed by the learned Trial Judge is a well reasoned one and does not warrant any interference of this Court in revision. 6. As can be seen from the interim order dated 08.01.2025 passed by a Coordinate Bench of this Court, there is a direction that there shall be an interim stay subject to the condition that the petitioner herein shall pay 50% of the arrears of maintenance amount within a period of eight (8) weeks from the date of receipt of a copy of that order and on further condition that he shall continue to pay the maintenance amount of Rs.10,000/- (Rupees Ten thousand only) per month to the respondent No.1 herein as granted by the Court below. 7. Considering the submissions made, since this revision is preferred challenging the order dated 26.04.2024 passed in Crl.MP.No.192 of 2023 in OP.No.2175 of 2022 on the file of the Court of the learned Additional Family Court, Visakhapatnam, granting interim maintenance of Rs.10,000/- (Rupees Ten Thousand only) per month to the respondent No.1, it is apposite to dispose of the present revision without causing any prejudice to the rights and contentions of the respective parties with a direction to the learned Trial Judge to dispose of the main case i.e., OP.No.2175 of 2022, as expeditiously as 5 possible without granting any adjournment in a casual way by mere asking. Learned Trial Judge is further directed to look into the order dated 08.01.2025 passed by the Coordinate Bench of this Court and examine the compliance of the said order. In case the petitioner has been complying with the order passed by the Coordinate Bench of this Court, he shall continue to pay an amount of Rs.10,000/- towards interim maintenance. In case the petitioner has committed any default in payment of monthly maintenance or arrears as ordered by the Coordinate Bench of this Court, the petitioner shall pay interim maintenance as ordered by the Trial Court. The parties are at liberty to raise all their contentions before the Trial Court during the course of enquiry. Learned Trial Judge may appreciate the same and take appropriate decision according to law, without being influenced by any observation made by this Court in the present revision. 8. With the above observations, the Criminal Revision Case is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.03.2026. UPS 6 229 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE No: 741/2024 Dt.06.03.2026 UPS