Disclosure statements are mandatory in domestic violence cases to determine maintenance, ensuring previous orders are considered to avoid conflicting judgments.

O R D E R:

This Criminal Revision Case was filed by the petitioner herein/husband, against the Judgment dated 03.05.2024 passed in Criminal Appeal No.37 of 2023 by the learned VI Additional District and Sessions Judge, Nellore (for brevity ‘the learned Sessions Judge’).

2. The petitioner herein is the husband of respondent No.1 and father of respondent No.2. The respondent Nos.1 and 2 herein filed Domestic Violence Case (for brevity ‘DVC’) No.27 of 2016 under Sections 18 , 19 , 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for brevity ‘the DVC Act’) against the petitioner herein/husband on the file of the learned Special Judicial Magistrate of First Class for trial of Prohibition and Excise Offences, Nellore (for brevity ‘the learned Magistrate’).

3. The learned Magistrate, after full-fledged trial, and after examining the entire evidence brought on record, vide Order, dated 09.12.2022 partly allowed the DVC No.27 of 2016, operative portion of which is as under:

“18. In the result, the petitioner/complaint is partly allowed, an amount of Rs.10,000/- has already granted by this Court towards maintenance and Rs.7,000/- is already granted by the Hon’ble Family Court, Nellore as maintenance, this Court is of the opinion that it would be sufficient for the petitioners for their day to day needs as monthly maintenance from the date of this order. In this regard, this Court is of the opinion that as maintenance is already granted and no further maintenance need to be granted. The 1^st respondent is directed to pay an amount of Rs.1,00,000/- towards marriage expenses to the 1^st petitioner/aggrieved person. The 1^st respondent is directed to pay an amount of Rs.2,00,000/- towards compensation to the 1^st petitioner/aggrieved person for the acts of domestic violence committed by him to the 1^st petitioner/aggrieved person. An amount of Rs.4,000/- is granted for alternative accommodation earlier in Crl.M.P.No.1120/2016 and the same is continued.

Crl.M.P.No.380/2020 in Crl.M.P.No.1120/2016 is pending for payment of arrears of Rs.1,90,000/- and the 1^st respondent is directed to pay the same within three months from the date of this order.

In Crl.M.P.No.691/2019 in Crl.M.P.No.1120/2017 in D.V.C.No.27/2016 previously on 08.01.2020 there is a direction to the garnishee of the 1^st respondent i.e. Mandal Educational Officer, Nellore Rural Mandal, Railway Feeders Road, Nellore Corporation, SPSR Nellore District to attach the arrears of interim maintenance and accommodation of Rs.80,000/- pertaining to Crl.M.P.No.914/2017 and Rs.2,70,000/- pertaining to Crl.M.P.No.691/2019 i.e. total Rs.3,50,000/- from the salary of the respondent as per law.

In Crl.M.P.No.914/2017, Crl.M.P.No.691/2019 as garnishee of the 1^st respondent is already directed to attach salary of the 1^st respondent, the maintenance is granted to the petitioners only from the date of order and not from the date of filing of the petition. Crl.M.Ps if any, further pending shall stands dismissed. The petition is dismissed in respect of other reliefs.”

4. Aggrieved by the said Order, the petitioner herein/husband preferred appeal vide Criminal Appeal No.37 of 2023 on the file of the learned Sessions Judge. The learned Sessions Judge, after appreciating the entire evidence, vide Judgment, dated 03.05.2024, dismissed the Criminal Appeal No.37 of 2023, confirming the Order, dated 09.12.2022 passed in DVC No.27 of 2016 by the learned Magistrate. Challenging the judgment passed in the appeal by the learned Sessions Judge, the present Criminal Revision Case was filed.

5. Heard both sides. Perused the record.

6. Learned counsel for the petitioner herein/husband would contend that no disclosure statement was filed by the respondent No.1 herein/wife and without the said statement, it is difficult to estimate the financial expenses of either of the parties to come to a conclusion as to how much amount is to be awarded to the respondent Nos.1 and 2 towards maintenance.

7. Learned counsel f