Court enhances compensation in domestic violence case to Rs 1 cr from Rs 5 lakh
A sessions court has enhanced the compensation granted to a woman subjected to domestic violence from Rs 5 lakh to Rs 1 crore, observing the 'sound financial status' of her husband and in-laws, who it said are 'crorepatis'.
In 2020, the Andheri magistrate court had directed that the woman be paid Rs 5 lakh as compensation and a monthly maintenance of Rs 1 lakh. While deciding an appeal against this order, the Dindoshi sessions court in a recent order, enhanced the maintenance to Rs 1.5 lakh as well, along with the increased compensation.
The couple had married in 1997. In her complaint, the woman had said that she was subjected to domestic violence from 1998, including physical violence by her husband. Over many years, the violence continued, the complainant had alleged, even as she gave birth to a girl. The magistrate court had directed that she be given maintenance and compensation observing that there was proof of domestic violence. In the appeal, she had sought a total amount of Rs 12 crore, including Rs 5 crore for the future expenses of her daughter.
Her husband and in-laws denied the allegations of domestic violence and also claimed that they had huge outstanding financial liabilities, claiming their inability to provide for a large amount of compensation. The court relied on the evidence, including that the family had bought a flat in 2012 in Kharghar for more than Rs 1 crore and said that no proof was given that their family-owned company had liabilities.
'…the fact that the respondent no.1 (husband) and his parents had the capacity to spend more than Rs 1 crore for purchasing land as also a flat in Kharghar in the year 2012 is a clear reflection of their sound financial status as also the fact of they belonging to the class commonly known as 'crorepatis'. It is therefore, not difficult to imagine their standard of living at all times. This being so and the complainant having been subjected to domestic violence at the hands of the respondent no.1, she as also her daughter will be entitled to enjoy the same standard of living as that of the respondents,' the court said in its order passed last month, adding that nothing was shown by the husband to prove that his financial condition had deteriorated since 2012.
The court also said that the woman and her daughter cannot be dispossessed from their shared home and cannot be subjected to domestic violence.
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