P.Savithri vs S.Ravi Kumar
2023 Latest Caselaw 4492 AP

        HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI

MAIN CASE No: Crl.R.C.No.592 of 2023

                         PROCEEDING SHEET
Sl.                                                                         OFFICE
        DATE                           ORDER
No.                                                                          NOTE
06.   25.09.2023 KSR, J
                                  I.A.No.1 of 2023

                    In spite of service of notice on the 1st
                respondent, he did not choose to enter his

appearance.

Hence, for the reasons mentioned in the accompanying affidavit and taking into consideration the submissions made by the learned counsel for the petitioners, the delay of 238 days in filing the Criminal Revision Case is hereby condoned.

Accordingly, this application is ordered.

Crl.R.C.No.592 of 2023

Admit.

Notice.

Post in usual course.

I.A.No.2 of 2023

This application is filed to direct the 1st respondent-husband to deposit arrears of maintenance of Rs.3,57,000/- as per the order dated 17.05.2018 passed in D.V.C.No.34 of 2016, pending disposal of Criminal Revision Case.

The petitioners-wife and daughter filed D.V.C.No.34 of 2016 against the 1st

respondent-husband. The Special Judicial Magistrate of I Class (Prohibition & Excise), Kurnool vide order dated 17.05.2018 partly allowed the petition by granting maintenance @ Rs.2,500/- per month to the petitioners and Rs.1000/- towards educational expenses of the 2nd petitioner (total Rs.3,500/-) from the date of order and the respondent-husband was directed to deposit the monthly maintenance of Rs.3,500/- into the account of 1st petitioner- wife commencing from May, 2018 and also to return the dowry articles worth of 35.8 gms. of gold and 332 gms. of silver to 1st petitioner-wife within a period of two months from the date of order, while dismissing other reliefs.

Thereafter, the petitioners preferred Criminal Appeal No.10 of 2019 for enhancement of maintenance amount and to pay Rs.5 lakhs towards compensation. The learned Judge, Family Court-cum-IV Additional District & Sessions Judge, Kurnool vide judgment dated 22.07.2022 dismissed the appeal confirming the order of the trial court. Feeling aggrieved, the petitioners preferred the present Criminal Revision Case.

In this Criminal Revision Case preferred against the dismissal order of the appellate Court, the petitioners filed the present petition to direct the 1st respondent-husband to deposit arrears of maintenance amount of Rs.3,57,000/-, instead of seeking that remedy before the trial Court in the absence of any

stay against the order of the trial Court. Hence, the present petition is misconceived and is, therefore liable to be dismissed.

Accordingly, I.A.No.2 of 2023 is dismissed.

_______________________ K SURESH REDDY,J anr