judgment?

Protection of Women from Domestic Violence Act, 2005. The parties have already led their respective evidences. At such stage, the husband filed an application before the learned trial Court, seeking direction against the wife to file affidavit, disclosing her assets and liabilities. The wife contested the prayer and finally vide impugned order dated 5.9.2022, the learned trial Court rejected the prayer.

3. Though the learned trial Court took notice of the judgment passed by the Hon’ble Supreme Court in Rajnesh vs. Neha & another (supra), however, it came to the conclusion that the directions issued by the Hon’ble Supreme Court in the aforesaid judgment shall apply only for the purpose of deciding applications for interim maintenance, where no evidence was available and when the parties have already led evidence, the necessity of seeking affidavits in terms of the ratio of judgment in Rajnish’s case (supra), may not be necessary.

4. While issuing final directions in the matter, the Hon’ble Supreme Court in Rajnesh vs. Neha & another, in para No. 129, has held as under:-

“The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II, and III of this judgment