APHC010350922023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 623/2023 Between: 1. SK.SAIDA VALI, S/O.SHAIK PEER HUSSAIN, R/O.1028, NEW RAJIV NAGAR, PAYAKAPURAM, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. SHAIK CHANDINI, W/O.SK.SAIDA VALI, AGED ABOUT 22 YEARS, R/O.B-122, VAMBAY COLONY, VIJAYAWADA, NTR DISTRICT. 2. SHAIK SADIQ, S/O.SK.SAIDA VALI AGED ABOUT 6 YEARS, R/O.B- 122, VAMBAY COLONY, VIJAYAWADA, NTR DISTRICT. BEING MINOR REP BY HIS MOTHER AND NATURAL GUARDIAN I.E., RESPONDENT NO.2 HEREIN 3. THE STATE OF ANDHRA PRADESH, , THROUGH SHO BANAGANAPALLI P.S,. REP. BY ITS PUBLIC PROSECUTOR. HIGH COURT OF A. P, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 by the Order in Crl.M.P.No.712/2022 in FCOP No.274/2022 dated 04-07-2023 on the file of the Judge, Principal Family Court-cum-IV Additional District Judge, Vijayawada IA NO: 1 OF 2023 2 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 in Crl.M.P.No.712/2022 in FCOP No.274/2022 dated 04- 07¬2023 on the file of the Judge, Principal Family Court -cum-IV Additional District Judge, Vijayawada "to the extent of imposing condition to deposit a sum of Rs.1,00,000/- towards arrears" pending disposal of the Crl.R.0 in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 623/2023 JUDGMENT: This Criminal Revision Case has been filed by the petitioner challenging the Order dated 04-07-2023 in Crl.M.P.No.712/2022 in FCOP No.274/2022 passed by the learned Principal Family Court-cum-IV Additional District Judge, Vijayawada. 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Notice is served on the respondent Nos. 1 and 2, none appeared. 3. As can be seen from the impugned order, the petitioner herein, being the husband/respondent, could not file his counter in FCOP No.274 of 2022 on the given date. Since there was no representation on his behalf, he was set ex parte vide order dated 28.06.2022. Thereafter, upon taking into consideration the facts and circumstances of the case, the Trial Court granted maintenance at the rate of Rs.15,000/- per month to the wife and Rs.10,000/- per month to the minor son vide order dated 15.09.2022. The record would further show that the husband/petitioner filed a petition to set aside the ex parte order on the very next day in Crl.M.P. No.712 of 2022. The learned Judge allowed the said petition by imposing a condition directing the petitioner/husband to pay a sum of Rs.1,00,000/- towards arrears on or before 18.07.2023 vide order dated 04.07.2023. Being aggrieved by the said order, and contending that the condition imposed is burdensome, the 4 husband/petitioner, being unable to comply with the said condition, has preferred the present revision. 4. Learned counsel for the petitioner would submit that the quantum of maintenance fixed at Rs.15,000/- per month to the wife and Rs.10,000/- per month to the minor son is on the higher side. The petitioner is not in a position to comply with the said order. It is further submitted that the petitioner is working as a Lineman in the Electricity Department and, therefore, he could not comply with the condition imposed by the Court, particularly within such a short period of time. Hence, he finally prays that a fair opportunity may be granted to the petitioner to prosecute his case.. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. Considering the submissions made and upon perusal of the material placed on record, it is seen that the wife and the minor child had claimed maintenance at the rate of Rs.20,000/- per month for the wife and Rs.10,000/- per month for the child. Since the husband was set ex parte in the proceedings, the Trial Court granted maintenance at the rate of Rs.15,000/- per month to the wife and Rs.10,000/- per month to the minor son. As rightly contended by the learned counsel for the petitioner, the condition imposed for granting an opportunity to contest the matter appears to be burdensome. In that view of the matter, this Criminal Revision is allowed and the impugned order is hereby set aside. The matter is remanded to the Trial Court for fresh consideration. The learned Trial Judge is directed to issue notice to both 5 parties and decide the case on merits, after affording due opportunity to them, in accordance with law. Till such time, the petitioner/husband shall pay interim maintenance of Rs.10,000/- per month to the wife and Rs.5,000/- per month to the minor child. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.02.2026. UPS 6 226 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 623/2023 Dt.25.02.2026 UPS