APHC010532462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1204/2024 Between: 1. MOHAMMED ZAHEER KHAN,, S/O. P. MAHABOOB ALI KHAN, MUSLIM, AGED ABOUT 32 YEARS, OCC- PRIVATE EMPLOYEE, R/O. 86/382, FCI COLONY-1, B.CAMP, KUMOOL CITY AND DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. PATAN JUVERIA KHATOON, W/O. MOHAMMED ZAHEER KHAN, MUSLIM, OCC HOUSE WIFE, AGED ABOUT 27 YEARS, R/O. H.NO.3-52-6-3-92, NEW V.R. COLONY, KURNOOL CITY AND DIST. 3. KHANZAL MARYAM ARFA KHANAM, D/O. MOHAMMED ZAHEER KHAN, MUSLIM, AGED ABOUT 4 YEARS, H.NO.3-52-6-3-92, NEW V.R. COLONY, KURNOOL CITY AND DIST. (NOTE- 3RD RESPONDENT IS A MINOR AND IS BEING REP. BY HER MOTHER AND NATURAL GUARDIAN I.E., THE 2ND RESPONDENT ...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, the High Court may be pleased tomay be pleased to set aside the Order dated 23.10.2024 in CrI.M.P No. 198 of 2023 in F.C.M.C 2 No. 37 of 2023 on the file of the Family Court - cum - IV Additional District Judge, Kurnool and consequently 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 may be pleased to suspend the operation of the order 23.10.2024 passed in CrI.M.P No. 198 of 2023 in F.C.M.C No. 37 of 2023 on the file of the Family Court - cum - IV Additional District Judge, Kurnool pending disposal of the above criminal revision petition and pass IA NO: 2 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 may be pleased to grant stay of all further proceedings in F.C.M.C No.37 of 2023 on the file of the Family Court - cum - IV Additional District Judge, Kurnool pending disposal of the above criminal revision petition and pass IA NO: 1 OF 2025 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 may be pleased to list the CRLRC No. 1204 of 2024 under caption “FOR BEING MENTIONED” for passing appropriate modification of the Interim Order dated 28.01.2025passed in lA. No. 1 of 2024 in CRLRC No. 1204 of 2024 passed by this Hon‟ble Court in the circumstances and facts as mentioned above and pass Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. V NITESH 2. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1204 of 2024 Order: This Criminal Revision Case, under Sections 397 and 401 Cr.P.C./ Sections 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟),, has been filed by the petitioner to set aside the order dated 23.10.2024 passed in Crl.M.P.No.198 of 2023 in F.C.M.C.No.37 of 2023 by the learned Family Court-cum-IV Additional District Judge, Kurnool. 2. Heard Sri Varun Byreddy, learned counsel for the petitioner and Sri V. Nitesh, learned counsel for the respondent Nos.2 and 3. 3. Learned counsel for the petitioner submits that the learned trial Court has erroneously granted interim maintenance without there being any documentary proof regarding the income of the petitioner. It is further contended that the petitioner is presently unemployed and has no means to pay the interim maintenance. It is also submitted that respondent No.2, who is the wife of the petitioner, is gainfully employed in a Government job. 4. Per contra, learned counsel for respondent No.2 opposed the revision and contended that there are no valid grounds to interfere with the impugned order and accordingly prayed for dismissal of the revision. 5. Though the learned counsel for the petitioner contends that the petitioner is presently jobless and has no means to pay interim maintenance, it is not in dispute that the relationship between the parties as husband and wife 4 exists. It is also an admitted fact that the child is in the custody of respondent No.2. Having regard to the facts and circumstances of the case, and considering that the petitioner is a well-educated person, this Court is of the view that at the stage of granting interim maintenance, the trial Court is not expected to arrive at a conclusive finding regarding the income of the parties without full-fledged evidence. Therefore, this Court does not find any compelling or warranting circumstances to interfere with the impugned order. 6. Accordingly, the Criminal Revision Case is disposed of. However, the learned trial Judge is directed to dispose of the main case, preferably within a period of two (2) months from the date of receipt of a copy of this order. As a sequel thereto, the miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.02.2026 ARB 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1204/2024 Date: 18.02.2026 ARB