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2026 DAILYLAW 26268 (AP)

Tiruthani Paavana v. Tiruthani Vamseedhar

CRLRC/62/2026 · 2026-01-21

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010616252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 & 2 of 2026 In/and CRIMINAL REVISION CASE NO: 62/2026 Between: 1. TIRUTHANI PAAVANA, BEING MINOR PRESENTIY AGED 11ST YEARS REP. BY HER MOTHER AND NEXT FRIEND, 1ST PETITIONER CHADRAGIRI AVANIJAW/O T. VAMSIDHAR, D/O.CH. V. RAMANAIAH, HINDU,AGED ABOUT 43 YEARS, R/O.26/3/2200,13 CROSS ROAD, CHANDRAMOULI NAGAR,VEDAYAPALEM, NELLORE DI ...PETITIONER AND 1. TIRUTHANI VAMSEEDHAR, S/O. LATE VENKATA RAMANA,AGED ABOUT 47 YEARS, OCC WORKING AS DENTAL DOCTOR,R/O. D.NO.25/1/712, Z.P. COLONY, PODALAKUR ROAD,NELLORE DISTRICT, ANDHRA PRADESH 524 004 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,VELAGAPUDI, 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 to Set aside the Judgment and Order dated 30-07-2024 in M.C. No. 84 of 2017 on the file of the Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, 2 whereby maintenance was granted to the petitioner/minor at the rate of ?3,000/- per month from the date of petition till the date of Order and ?5,000/- (Rupees Five Thousand only) per month from the date of Order and Enhance the maintenance awarded to the petitioner/minor to Rs 5,000/- (Rupees Five Thousand only) per month from the date of petition till the date of Order and 5,000/- (Rupees Fifteen Thousand only) per month from the date of Order, or to such higher and reasonable amount as this Hon’ble Court may deem just and proper, in accordance with the relief sought in M.C. No. 84 of 2017 and pass such 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 may be pleased to condone the delay of ( 41 ) days In re-presenting the CRLRC Sr 14855 of 2025 which was filed against the Order passed in MC.NO. 84 of 2017 dated 30-07-2024 on the file of the Judge, Family Court- cum-VI Additional District & Sessions Court, Nellore, SPSR Nellore District, and pass such IA NO: 2 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 may be pleased to condone the delay of 356 days in presenting the CRLRC. No14855 of 2025 before this Hon'ble Court against the Order passed in MC.NO. 84 of 2017 dated 30-07-2024 on the file of Judge, Family Court-Cum- VI District & Sessions Court, Nellore, SPSR Nellore District and pass such Counsel for the Petitioner: 1. ROSEDAR S.R.A Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 & 2 of 2026 In/and CRIMINAL REVISION CASE NO: 62/2026 COMMON JUDGMENT: I.A.No.1 of 2026 in Crl.R.C.No.62 of 2026 was filed for condoning the delay of 356 days in filing the present criminal revision case. I.A.No.2 of 2026 in Crl.R.C.No.62 of 2026 was filed for condoning the delay of 41 days in representing the present criminal revision case. 2. The present Criminal Revision Case has been filed under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order and decree dated 30.07.2024 passed by the learned Family Court-cum-VI Additional District & Sessions Judge, Nellore, in MC.No.84 of 2017. 3. Since the criminal revision case is being disposed of at the stage of admission itself and there is I.A’s for condonation of delay, the following common order is passed 4. Heard Sri Asif Rosedar, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State. 5. Learned counsel for the petitioner would submit that the present revision is preferred by the minor child represented by the mother against the 4 respondent No.1, father of the minor child, seeking enhancement of the maintenance. 6. As can be seen from the impugned Order, the petitioner herein being the minor child and her mother, who is the wife, preferred MC.No.84 of 2017 on the file of the Family Court-cum-VI Additional District & Sessions Judge, Nellore, seeking maintenance under Section 125 of Cr.P.C. After full-fledged Trial, the learned Judge granted the maintenance @Rs.3,000/- per month to the minor child from the date of petition till the date of Order and @Rs.5,000/- per month from the date of Order to the minor child. Learned Judge dismissed the petition with respect to the wife. There is a clear observation made by the learned Trial Judge that the petitioner’s mother is working and she is earning more income than her husband. Learned Judge also assessed the maintenance amount required by the minor child @Rs.10,000/- per month and it is apportioned between the mother and father and that is how, the maintenance @ Rs.5,000/- per month was granted from the date of Order to the minor child. This Court does not find any irregularity or jurisdictional error in granting maintenance @Rs.5,000/- per month to the minor child, taking into to consideration, the income of the respondent No.1 who is the father as Rs.20,000/- per month. 7. In that view of the matter, there are no grounds to interfere in the impugned Order. Accordingly, the I.A.Nos.1 & 2 of 2026 are disposed of. Consequently, the present Criminal Revision Case is also disposed of, at the stage of admission itself, giving liberty to the petitioner to file an appropriate 5 application before the very same Court seeking enhancement of the maintenance. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.01.2026. UPS 6 204 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 & 2 of 2026 In/and CRIMINAL REVISION CASE NO: 62/2026 Dt.22.01.2026 UPS