Latest news with #ProtectionofWomenfromDomesticViolenceAct
News18
10 hours ago
- News18
'Husband Crorepati': Court Raises Domestic Violence Victim's Compensation To Rs 1 Crore
Last Updated: A Delhi court increased compensation for a domestic violence victim, noting her wealthy husband's abuse. The monthly allowance was raised to Rs 1.5 lakh from the initial Rs 1 lakh. A sessions court in Delhi hiked the compensation to a domestic violence victim, noting that her husband was 'rolling in money". The court made the order after observing that the woman's husband, who runs an elevator company, and his family are 'crorepatis". Additionally, the court also enhanced the monthly allowance granted to the woman and her daughter to Rs 1.5 lakh from Rs 1 lakh, ruling that the 'physical and mental torture" faced by the woman while living with her husband can 'scarcely be imagined". In her last month ruling, Additional Sessions Judge (Dindoshi Court) S J Ansari ordered that the initial compensation of Rs 5 lakh awarded by a magistrate was 'meagre" considering that the woman endured 'torture and humiliation" for 20 years. The 41-year-old housewife had challenged a February 2020 compensation order passed by the magistrate under the Protection of Women from Domestic Violence Act. She had alleged her husband and in-laws had inflicted physical, emotional, and economic assault on her since her marriage in December 1997. The Delhi court observed that the wife had no other option than seeking legal assistance for maintenance after suffering 'beatings, severe assaults, taunts and even financial deprivation" for almost 20 years. The 'physical and mental torture" tolerated by the woman while living with her husband can 'scarcely be imagined", the court observed. The judge also noted that the magistrate had granted Rs 5 lakh to the complainant. According to the order, while the aggrieved housewife termed the amount too little, the man contended that she was not entitled to any money as compensation. The man had claimed that he was at the receiving end of his wife's 'behaviour" and his financial situation had now become 'precarious". The husband said he took care of the rent for the premises occupied by him and their twin sons, and he looked after their educational and living expenses, which leaves him with nothing. However, the court noted that the victim was subjected to domestic violence by her husband. It observed that in 2012, the husband and his father were financially sound enough to buy a land as well as a flat worth over Rs 1 crore. The court held that the man could not prove his financial status was weak despite giving many excuses. 'On the other hand, he being in a position to purchase properties worth Rs 1 crore in 2012, and presently running an elevator company, will surely be rolling in money," the court observed. The court further said the man and his family are 'crorepatis". Holding that he being 'extremely rich", the Rs 5 lakh compensation awarded to the complainant by the magistrate 'is too meagre an amount". 'The same requires a very substantial enhancement so as to actually compensate the complainant for the 20 years of torture, humiliation, economic abuse, taunts, etc., undergone by her at the hands of the respondent no. 1," the court further observed. The court noted the complainant has to now also suffer being estranged from her two sons. The man appears to have influenced the sons against their mother 'is also something which cannot be ignored", the judge noted. After taking in view all aspects, the court hiked the compensation as well as the monthly allowance granted to the woman and her daughter. First Published: June 06, 2025, 19:04 IST
NDTV
12 hours ago
- NDTV
"Husband Rolling In Money": Court Ups Compensation In Domestic Violence Case To Rs 1 Crore
Mumbai: A sessions court here has enhanced the compensation granted to a woman from Rs 5 lakh to Rs 1 crore in a domestic violence case, ruling that her husband was 'rolling in money'. The court observed that the woman's husband, who runs an elevator company, and his family are 'crorepatis'. Besides the compensation, the court also increased the monthly maintenance granted to the woman and her daughter from Rs 1 lakh to Rs 1.5 lakh, holding that the 'physical and mental torture' faced by the complainant while living with her husband can 'scarcely be imagined'. In her order passed last month, Additional Sessions Judge (Dindoshi Court) S J Ansari ruled that the initial compensation of Rs 5 lakh awarded by a magistrate was 'meagre' considering that the woman endured 'torture and humiliation' for 20 years. The victim, a 41-year-old housewife, had challenged a February 2020 compensation order passed by the magistrate under the Protection of Women from Domestic Violence Act. She alleged a long history of physical, emotional, and economic abuse by her husband and in-laws since her marriage in December 1997. The sessions court noted that the woman was forced to seek legal help for maintenance as a last resort after suffering "beatings, severe assaults, taunts and even financial deprivation" in a marriage of almost 20 years. The 'physical and mental torture' endured by the woman while living with her husband can 'scarcely be imagined', the court said. The sessions judge also noted that the magistrate had granted Rs 5 lakh to the aggrieved woman. According to the order, while the woman termed the amount too little, her husband contended that she was not entitled to any money as compensation. The man claimed that he was at the receiving end of his wife's 'behaviour' and his financial situation had now become 'precarious'. The husband said he pays the rent for the premises occupied by him and their twin sons, and he takes care of their educational and living expenses, which leaves him with nothing. The court, however, held that the complainant was subjected to domestic violence by her husband. It noted that the husband and his father had the financial capacity in 2012 to purchase land as well as a flat worth more than Rs 1 crore. The man could not prove that his financial condition was not good despite trying his level best, the court said. 'On the other hand, he being in a position to purchase properties worth Rs 1 crore in 2012, and presently running an elevator company, will surely be rolling in money,' the court said. Citing the material on the record, the court said the man and his family are 'crorepatis'. Noting that he being 'extremely rich', the Rs 5 lakh compensation awarded to the complainant by the magistrate 'is too meagre an amount'. 'The same requires a very substantial enhancement so as to actually compensate the complainant for the 20 years of torture, humiliation, economic abuse, taunts, etc., undergone by her at the hands of the respondent no. 1,' the court ruled. The court said the woman has to now also suffer being estranged from her two sons. The husband appears to have influenced the sons against their mother 'is also something which cannot be ignored', the judge said. After considering all aspects, the court raised the compensation as well as the maintenance granted to the woman and her daughter.
India Today
13 hours ago
- India Today
In-laws can't evict widow from husband's home, rules Kerala High Court
The Kerala High Court ruled that a woman cannot be evicted from her matrimonial home, even after her husband's court was hearing a case where a 41-year-old woman had accused her in-laws of trying to force her and her children out of the house she shared with her late woman had approached the Sessions Court in Palakkad under the Protection of Women from Domestic Violence Act, 2005. The court ruled in her favour, overturning an earlier order by a magistrate that had dismissed her plea. Her in-laws then challenged the Sessions Court's decision in the High However, the High Court dismissed their petition. Justice MB Snehalatha said that under Section 17 of the Domestic Violence Act, every woman in a domestic relationship has the right to live in the shared household, regardless of whether she owns it or has any legal claim to in-laws argued that she owned another property and had not lived in the house after her husband's death. They also said there was no domestic relationship anymore, and that the DV Act should not apply to the court said the evidence showed that the in-laws had committed acts of domestic violence by trying to evict her and her children. It ruled that the Sessions Court was right in granting protection to the court called the Domestic Violence Act a landmark law meant to protect women and upheld her right to live in her matrimonial IN THIS STORY#Kerala
News18
3 days ago
- General
- News18
Widow Can't Be Thrown Out Of Matrimonial Home By In-Laws: Kerala High Court
Last Updated: A 41-year-old woman approached the courts seeking protection from harassment and forceful eviction from the shared household after her husband's demise in 2009 The Kerala High Court recently upheld a widow's right to reside in her matrimonial home, rejecting objections raised by her in-laws, who had attempted to evict her. The bench of Justice MB Snehalatha dismissed a revision petition filed by the relatives of the deceased husband of a 41-year-old woman who had approached the courts seeking protection from harassment and forceful eviction from the shared household after her husband's demise in 2009. The high court affirmed the decision of the sessions court in Palakkad, which had granted protection and residence orders in the woman's favour after overturning the findings of the judicial magistrate, who had initially dismissed her plea. The woman alleged that following her husband's death, her in-laws began to harass her and obstruct her and her children's entry into the family home. She approached the court under Section 12 of the Protection of Women from Domestic Violence Act, 2005. However, the magistrate's court held that she had no existing 'domestic relationship" with her in-laws and therefore wasn't entitled to relief under the Act. The sessions court took a different view and granted her the relief sought. The in-laws challenged this before the high court, arguing that the woman owned separate property and had been living at her parental home, thus disqualifying her as an 'aggrieved person" under the Act. Rejecting these arguments, the high court noted that the woman, being the wife of the deceased and having resided in the shared household, fell squarely within the definitions under Sections 2(a), 2(f), and 2(s) of the DV Act. The court reiterated that the right to reside in the shared household does not depend on ownership or continuous residence at the time of the dispute. Quoting extensively from the Supreme Court's 2022 ruling in Prabha Tyagi vs Kamlesh Devi, the judgment emphasised that women's right to shelter and security within a domestic setting is fundamental and cannot be undermined merely because they possess alternate accommodation or temporarily reside elsewhere. 'This right is crucial for a woman's safety and dignity, ensuring that she is not forcibly removed or homeless due to domestic abuse," the court observed, while also stressing that the DV Act should be interpreted liberally in favour of victims, keeping its beneficial and protective purpose in mind. Finding no merit in the arguments of the in-laws, the high court refused to interfere with the sessions court order. The revision petition was, accordingly, dismissed. First Published: June 04, 2025, 16:26 IST
Time of India
3 days ago
- General
- Time of India
Cabinet approves 390 protection officer posts to tackle domestic violence
Patna: State cabinet on Tuesday approved the creation of 390 posts of full-time protection officers (POs) in all districts and sub-divisions as well as at the state headquarters, to assist women affected by domestic violence. The proposal was moved by the social welfare department. "These 390 POs will be appointed to ensure better execution and proper monitoring of different provisions under the Protection of Women from Domestic Violence Act, 2005," state's social welfare minister Madan Sahni said over phone. "The decision was taken to ensure effective protection of the rights of women, guaranteed under the Act and other related laws, for the victims of domestic violence within the family," the minister said. "On Tuesday, the cabinet approved the creation of 390 posts of the POs under the new cadre," a state govt official said, adding, "The department will soon begin the process to appoint full-time POs." "These full-time POs will be appointed in all 38 districts, all 101 sub-divisions and the headquarters of the Women & Child Development Corporation (WCDC) in Patna, as per actual requirements at different locations," the official said. As per the provisions under the Act, the PO will assist the magistrate in the discharge of his functions and the former will also be responsible for getting the aggrieved person medically examined, if she has sustained body injuries. The PO will forward a copy of the medical report to the police station and the magistrate having jurisdiction in the area where the domestic violence is alleged to have taken place, the official said. The PO will also ensure that the order for monetary relief is complied with and executed in accordance with the procedure prescribed under the existing law, the official said.
