APHC010537152024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1214/2024 Between: 1. KRISTAM RAMA KUMAR, S/O.LATE K.RAJA GOPAL AGED ABOUT 51 YEARS, OCC. GOVT. TEACHER S.K. GOVERNMENT HIGH SCHOOL, URAVAKONDA (V), URAVAKONDA VILLAGE (M), ANANTHAPURAM DISTRICT. ...PETITIONER AND 1. KRISTAM KALPANA DEVI, W/O.K.RARNA KUMAR AGED ABOUT 46 YEARS, OCC. BUSINESS, R/O.D.NO.18-1-393, VENUGOPAL NAGAR, ANANTHAPURAMU TOWN, ANANTHAPURAM DISTRICT. 2. KRISTAM SRAVANI, D/O.KRISTAM RAMA KUMAR AGED 20 YEARS, OCC. STUDENT, R/O.D.NO.18-1-393, VENUGOPAL NAGAR, ANANTHAPURAMU TOWN, ANANTHAPURAM DISTRICT. 3. KRISTAM PRAGATHI, D/O.KRISTAM RAMA KUMAR AGED 16 YEARS, OCC. STUDENT, BEING MINOR REP. BY HER MOTHER I.E., 1ST RESPONDENT SMT.K.KALPANA DEVI, R/O.D.NO.18-1-393, VENUGOPAL NAGAR, ANANTHAPURAMU TOWN, ANANTHAPURAM DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AT AMARAVATHI. ...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 to Set-aside the Order and Decree dated 09.09.2024 passed in F.C.O.P.No.159 of 2020 on the file of the Judge, Family Court-cum-VII Additional District Court, Anantapuram consequently dismiss F.C.O.P.No.159 of 2020 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 Stay all further proceedings pursuant to the Order & Decree dated 09-09-2024 passed in F.C.O.P.No.159 of 2020 on the file of the Judge, Family Court-cum- VII Additional District Court, Anantapuram, pending disposal of the main C.R.L.R.C., 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 to 2 rectify/modify the order dated 31-12-2024 in C.R.L.R.C.No.1214/2024 by further extending the time granted by this Hon’ble Court for a further period of 4 Weeks for compliance of order dated 31-12-2024 passed in the main Criminal Revision Case in C R.L.R.C.No.1214/2024 pending disposal of main Revision Case and to pass IA NO: 1 OF 2026 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 09- 12-2025 in issuing salary attachment warrant in Crl.M.P.No.87/2025 in F.C.O.P.No,159/ 2020 pending disposal of main Revision Case and to pass Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. K NARSI REDDY 3 The Court made the following: ORDER: This Criminal Revision Case under Sections 438 and 442 of the BNSS, 2023 has been filed by the petitioner/respondent aggrieved by the order dated 09.09.2024 passed in FCOP No.159 of 2020 on the file of the Judge, Family Court-cum-VII Additional District Court, Anantapuramu. 2. The facts of the case are that: i) the petitioner herein is the husband and respondent No.1 is the wife and their marriage took place in the year 2006 as per the caste customs at Ananthapuramu. During their wedlock, they blessed with respondents 2 and 3/ daughters. The couple lived happily till 2007. After giving birth to the 2nd child/baby girl, it is alleged that, petitioner started harassing the respondent No.1 that she gave birth to both female child and she could not give birth to a male child. He harassed the respondent No.1 on the pretext that he will get second marriage by giving divorce to respondent No.1. ii) The harassment meted out by respondent No.1 is at an extreme end of attempt to commit suicide. Since 15.06.2020, Petitioner allegedly neglected the respondents 1 to 3. Respondent No.1 lodged a complaint to the Police which is registered by I Town Police Station, Ananthapuramu, as a case in Crime No.116/2022 for the offences punishable under Sections 403, 405 and 406 IPC. iii) At the time of the incident, the petitioner was working as a School Assistant at Kalyandurg and drawing a monthly salary of Rs.80,000/-. Whereas, the respondent No.1 is a house wife and she has no capacity to maintain herself and her children. Hence, she filed FCOP No.159 of 2020 seeking monthly 4 maintenance of Rs.20,000/- to respondent No.1 and Rs.2000/- per month each to the respondents 2 and 3. iv) Petitioner herein being respondent in the FCOP filed a counter denying all the material averments except the relationship with the respondents 1 to 3 herein. He stated that he is ready to take back the children and he will join them in a hostel for providing good education to them. While admitting getting monthly salary of Rs.80,000/- petitioner herein extracted the monthly commitments of payments towards housing loan and he is paying amounts to the insurance policies and the PPF accounts in SBI which stood in the name of respondent No.1.Taking advantage of the policies stood in her name, respondent No.1 withdrew all the amounts without the knowledge of the petitioner herein. So she can maintain herself because all the insurance amounts and PPF amounts were withdrawn by her, which were legitimately paid by the Petitioner herein. Hence prayed to dismiss the FCOP. v) During examination in FCOP, respondent No.1 herself was examined as P.W.1 besides P.W.2 and marked Exs.A1 to A.15 on her behalf. On behalf of petitioner herein, he himself was examined as RW.1 and documents Exs.B1 to B.10 were marked. Learned Judge, Family Court having heard the rival contentions of both the parties and considering the material record, by Order dated 09.09.2024 partly allowed the FCOP and directed the petitioner /husband to pay maintenance of Rs.16,000/- per month to the respondent No.3 till she attains majority. Husband was also directed to pay a total monthly maintenance of Rs.15,000/- to the respondent No.1 from the date of petition i.e., 19.11.2020 and continue to pay the total maintenance amount of Rs.31,000/- on or before 5 10th of every succeeding month by crediting the amount in the bank account of the respondent No.1 or by way of cash. Further directed to pay the arrears of maintenance within three months. Aggrieved thereby, the present criminal revision case has been filed by the petitioner/husband. 3. Heard Sri Narasimha Rao Gudiseva, learned counsel for the Petitioner and Sri K.Narsi Reddy, learned counsel for respondents 1 to 3 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent No.4/State. Perused the material on record. 4. Learned counsel for the Petitioner would submit that the impugned order is passed basing on the presumptions and assumptions and without appreciating the evidence in a proper perspective and that the impugned order suffers from material illegalities. Further, learned Judge, Family Court erred in observing that there are several cases pending between the couple and in such a case, ordering huge amounts towards maintenance to the respondents herein requires scrutiny. 5. After arguing some time, learned counsel for the Petitioner would submit that since respondents 2 and 3/daughters became majors, no maintenance is required to be paid by the Petitioner and requested to grant liberty to the petitioner to work out the remedy before the Trial Court regarding the attachment of his salary despite paying the arrears of maintenance which was granted to the wife. 6. Learned counsel for respondents 1 to 3 and learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 7. In that view, liberty is granted to the petitioner to work out his remedy before the concerned Trial Court regarding attachment of his salary. Taking the 6 fact into consideration as the respondents 2 and 3 have attained majority, they are not entitled for maintenance. 8. With the above observations, this Criminal Revision Case is disposed of. Miscellaneous petitions pending if any, shall stand closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 04.02.2026 Mjl/* 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Revision Case No. 1214 of 2024 04.02.2026 Mjl/*