THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL REVISION CASE No.677 OF 2025

O R D E R:

This Criminal Revision Case is filed by the petitioner aggrieved by the impugned docket order dated 31.07.2025 passed by the Family Court-cum-IV Additional District & Sessions Judge at Karimnagar in Crl.M.P.No.322 of 2024 in M.C.No.17 of 2021, whereby the petition for payment of arrears of maintenance was dismissed erroneously.

2. Heard Mr.Y.Shashidhar Reddy, learned counsel for the petitioner and Mr.M.Ramachandra Reddy, Additional Public Prosecutor appearing for respondent-State and perused the record.

3. Learned counsel for the petitioner submits that the petitioner herein had filed M.C.No.17 of 2021 on the file of learned Family Court-cum-IV Additional District & Sessions Judge at Karimnagar under section 125 Cr.P.C. for grant of maintenance against respondent No.2, wherein the same was allowed awarding monthly maintenance of Rs.21,140.25/- to the petitioner. It is further submitted that respondent No.2 without paying any amounts to the petitioner filed I.A.No.1 of 2024 in Crl.R.C.No.1288 of 2024 before this Court, wherein this Court while allowing the revision passed the following order:

“In the meantime, the order dated 14.08.2024 in F.C.M.C.No.17 of 2021 before the trial Court stands suspended subject to the condition that the petitioner shall continue to pay Rs.12,000/- per month, to respondent No.2, on or before 10^th of every calendar month. The petitioner shall also deposit the accrued arrears, if any, at the rate indicated above, to the credit of F.C.M.C.No.17 of 2021 on the file of the learned Judge, Family Court-cum-IV Additional District & Sessions Judge, at Karimnagar, within a period of six months from today. In default, the interim order passed by this Court, stands vacated automatically.”

However, respondent No.2 failed to pay the maintenance and arrears as indicated above.

4. It is further submitted that the petitioner filed petition under section 125(3) Cr.P.C. for recovery of arrears of maintenance before the trial Court, wherein the trial Court passed the impugned order dismissing the petition instead of allowing the same. Therefore, he prayed the Court to set aside the impugned order passed by the trial Court.

5. On perusal of the material, it appears that this Court passed a conditional order while suspending the order of the trial Court, but respondent No.2 failed to comply the same. The trial Court has recorded that the condition imposed by this Court is not complied with, but has given a finding dismissing the petition instead of allowing the petition. In view of the said infirmity, this matter is remitted back to the trial Court with a direction to consider the material by giving opportunity to both sides and pass a reasoned order in accordance with law within a period of two (02) weeks from the date of the receipt of a copy of this order.

6. With the above observation, this criminal revision case is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

__________________ JUVVADI SRIDEVI, J

Date: 13-10-2025

BV