APHC010603252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1268/2025 Between: 1. K JAGADEESH, S/O. R. KOTHANDAN, AGED ABOUT 34 YEARSR/O. D.NO.68, SOUTH TANK STREET, THIRAVULLUR-602-201. ...PETITIONER AND 1. A SELVI, D/O CHANDRA ACHARI, AGED ABOUT 32 YEARS RESIDING AT D.NO. 13-1-55, PEDDAKAPU STREET, TIRUPATI, TIRUPATI DISTRICT. 2. J SRI SAMYUKTHA, D/O K.JAGADEESH, AGED ABOUT 5 YEARS. RESIDING AT D.NO. 13-1-55, PEDDAKAPU STREET, TIRUPATI, TIRUPATI DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. RESPONDENT NO.3 IS IMPLEADED AS PER THE COURT ORDER DATED 21.11.2025 IN I.A.NO.3 OF 2025 IN CRL.R.C.NO.1268 OF 2025. ...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 the above named petitioner humbly begs to present this Memorandum of Criminal Revision Case being aggrieved by the judgment and order, dated:17.07.2025 in F.C.O.P. No. 71 OF 2022, on 2 the file of the Family Court -cum- V Additional District Judge, Tirupati for the following and among other grounds that may be urged at the time of hearing 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 condone the delay of 5 days in filing the present petition and pass IA NO: 2 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 suspend the operation of the order in F.C.O.P. No. 71 OF 2022 on the file of the court of the Family Court- cum- V Addl. District Judge, Tirupati, in the interest of justice. IA NO: 3 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 Implead The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravathi., as Respondent No.3 in CRLRC.NO 1268 of 2025 to make her representation and pass Counsel for the Petitioner: 1. M RAVINDRA Counsel for the Respondent(S): 1. VMR LEGAL 2. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1268/2025 JUDGMENT: The present Criminal Revision Case has been filed, challenging the Judgment and Order dated 17.07.2025, passed by the learned Judge, Family Court-cum-V Additional District Judge, Tirupati in F.C.O.P.No.71 of 2022. 2. Heard Mr.M.Ravindra, learned counsel for the Petitioner, Sri Venkatesh B. Reddy, learned counsel representing VMR Legal, for the Respondent Nos.1 and 2 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State/respondent No.3 is in attendance. 3. The Petitioner herein is the husband of Respondent No.1. The Respondent Nos. 1 and 2 filed F.C.O.P. No. 71 of 2022 before the learned Family Court-cum-V Additional District Judge, Tirupati, seeking monthly maintenance under Section 125 of the Cr.P.C. The learned Trial Judge, after conducting a full-fledged trial, partly allowed the petition in favor of Respondent Nos. 1 and 2, vide order dated 17.07.2025, granting maintenance of Rs. 7,000/- per month to Respondent No.1 and Rs. 10,000/- per month to Respondent No.2. Aggrieved by the said order, the Petitioner has filed the present revision. 4. Learned counsel for the Petitioner submitted that the Petitioner has placed on record his salary slip for the month of May, 2024, i.e., Ex. B-9, 4 which shows that his gross salary is Rs. 49,200/- and, after deductions, the net salary comes to Rs. 20,424/-. The Respondent No.1, who is the wife of the Petitioner, is a B.Tech. graduate and worked in Chennai for two (2) years, drawing a salary of Rs. 16,000/- per month, and she has also worked in H.D.F.C. Bank, Tirupati, drawing a salary of Rs. 15,000/- per month, as admitted by her in cross-examination. He further submitted that the granting of maintenance @ Rs. 7,000/- per month to the wife and Rs. 10,000/- per month to the child is on the higher side, taking into consideration the salary of the Petitioner. 5. Learned Counsel for Respondent Nos. 1 and 2 opposed such contentions and submitted that, after deductions, the Petitioner, who is the husband, may have a net salary of Rs. 20,424/-. However, all the deductions are not standard deductions. He finally submitted that there are no grounds warranting interference by this Court in the Revision. 6. Taking into consideration the facts and circumstances of the case, as well as the sources of income of Respondent No.1 and the Petitioner, there is some force in the contention of the learned counsel for the Petitioner that the amount of maintenance granted to Respondent No.1, i.e., the wife, is on the higher side. In that view of the matter, this Criminal Revision Case is partly allowed, reducing the maintenance granted to Respondent No.1 from Rs. 7,000/- per month to Rs. 5,000/- per month. The Petitioner is directed to clear the arrears from the date of the petition @ Rs. 5,000/- per month within a 5 period of six (6) months in six (6) installments, apart from paying the monthly maintenance. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.02.2026. UPS 6 122 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1268/2025 Dt.10.02.2026 UPS