Andhra Pradesh High Court
CRLRC/148/2024 of PANDALA SIVA KUMAR Vs PANDALA PADMA LEELAVATHI on 6 March 2026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE Between: 1. PANDALA SIVA KUMAR, S/O SATYANARAYANA, HINDU, AGED ABOUT 30 YEARS,
APHC010068912024
IN THE H
(
SATURDAY
TWO T
THE HONOURABLE DR
CRIMINAL
Between:
1. PANDALA SIVA KUM
ABOUT 30 YEARS,
ROADS, KODADA, SU
1. PANDALA PADMA LE
CHITTELA BHUVAN
YEARS, R/O D. NO.9
VIJAYAWADA, KRISH
2. PANDALA VOJASH,
ABOUT 3 YEARS, R
KOTHAPET, VIJAYA
NO. 2 BEING MINO
NATURAL GUARDIAN
Revision filed under
circumstances
stated
in
CriminalRevisionCase, the
set aside the order dated
FCOP No. 1206 of 2021
Additional District Judge, V
IA NO: 1 OF 2024
HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
Y,THE SEVENTH DAY OF MARCH
THOUSAND AND TWENTY SIX
PRESENT
R JUSTICE VENKATA JYOTHIRMAI PR
L REVISION CASE NO: 148/2024
MAR, S/O SATYANARAYANA, HINDU
R/O D.NO.3-296/2/4/1, KHAMMAM
URYAPET, TELANGANA STATE.
...PE
AND
EELAVATHI, W/O PANDALA SIVA KUM
NESWARA RAO, HINDU, AGED AB
9-73-11, KATUPALLI VARI STREET, KO
HNA DISTRICT.
, S/O PANDALA SIVA KUMAR, HIND
R/O D. NO.9-73-11, KATUPALLI VARI
AWADA, KRISHNA DISTRICT. (RESP
OR REPRESENTED BY HIS MOTHE
N I.E., RESPONDENT NO.L HEREIN)
...RESPON
Section 397/401 of CrPC praying t
n
the
affidavit
filed
in
support
High Court may be pleased tomay be
d 25.05.2023 passed in Crl.MF No.269
on the fik of thePrincipal Family Co
Vijayawada, and to pass such
RATAPA
U, AGED
M CROSS
TITIONER
MAR, D/O
BOUT 25
OTHAPET,
DU, AGED
STREET,
PONDENT
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NDENT(S):
that in the
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the
pleased to
of 2022 in
ourt-Cum-IV
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 (187 ) days in filing the above Crl. R
C against the order dated 25.05.2023 passed in Crl.MP No.269 of 2022 in F.C.O.P (MC) No. 1206 of 2021 on the file of the Principal Family Court-cum- IV Additional District and Sessions Judge, Vijayawada and to pass such 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 ay be Pleased to stay all further proceedings in Crl.M.P.No. 1983 of 2023 in Crl.MP No.269 of 2022 inF.C.O.P (MC) No. 1206 of 2021, on the file of the Court of the Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, and pass such Counsel for the Petitioner:
1.G SRI HARSHA
Counsel for the Respondent(S):
1.
The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
I.A.No.1 of 2024
IN/AND
CRIMINAL REVISION CASE NO: 148/2026
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COMMON ORDER:
There is no representation on behalf of the petitioner. This Court inclined to proceed with the matter and decide the issue om merits.
2. This Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, seeking to set aside the order dated 25.05.2023 passed in Crl.M.P. No.269 of 2022 in F.C.O.P. No.1206 of 2021 by the learned Principal Family Court-cum-IV Additional District Court, Vijayawada, whereby the petition filed under Section 125 Cr.P.C. was allowed, directing the petitioner to pay maintenance of Rs.10,000/- per month to the 1strespondent-wife and Rs.2,500/- per month to the 2ndrespondent-son.
3. I.A. No.1 of 2024 is filed seeking to condone the delay of 187 days in filing the present Criminal Revision Case.
4. A perusal of the record would disclose that the present revision is filed against an order granting interim maintenance to the wife and minor son. The petitioner has preferred this revision with a delay of 187 days. As seen from the affidavit filed in support of the delay petition, the explanation offered is that the petitioner went to Hyderabad and thereafter to Srikakulam for livelihood as a daily wage labourer, and subsequently returned to Kadada, due to which he could not have knowledge of the impugned order.
5. This Court is of the view that the said explanation does not constitute sufficient cause to condone the delay. The petitioner has failed to establish bona fide reasons for not approaching this Court within the prescribed time.
6. Be that as it may, even on merits, the impugned order granting interim maintenance does not warrant interference. The learned Family Judge passed the order after hearing both sides. It is the case of the 1stB Vrespondent-wife that the petitioner is working as a software engineer earning about Rs.1,00,000/- per month and is also running a cloth business generating additional income. Though it is contended that the wife voluntarily left the matrimonial home, the interim maintenance has been awarded after due consideration of the material available on record. It is also evident that despite engaging counsel, the petitioner did not actively prosecute the matter before the Court below and failed to advance arguments. Considering thefact that, the order under challenge pertains only to interim maintenance granted to the wife and minor child, this Court does not find it to be a fit case to condone the delay of 187 days.
7. Accordingly, I.A.No.1 of 2024 is dismissed. Consequently, the Criminal Revision Case is also dismissed.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
________________________________________
Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.03.2026 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
I.A.No.1 of 2026 IN/AND CRIMINAL REVISION CASE No: 148/2024
Dt.07.03.2026
KKV