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Mumbai court raises domestic violence compensation from ₹5 lakh to ₹1 crore

A sessions court in Mumbai has significantly increased the compensation awarded to a woman who suffered domestic violence for 20 years — raising it from ₹5 lakh to ₹1 crore, according to a report by legal news portal Live Law. The court noted that the woman's husband and his family are 'crorepatis', meaning extremely wealthy, and that the original compensation amount was too low. In an order passed on May 5, Additional Sessions Judge Sameer Ansari stated that the ₹5 lakh compensation set by the Magistrate Court was 'meagre". He observed, 'It is clear that the husband has not been able to prove the fact of he being in dire straits, financially. On the other hand, the material on the record reflects that he and his family are what in common parlance is called 'crorepatis.' The facts of the matter as proved on the record will show that after suffering domestic violence in the nature of beatings, severe assaults, taunts and even financial deprivation in a marriage of almost 20 years, the complainant was forced to approach the court for seeking maintenance, etc. as the last resort. The physical and mental torture as also the sustained emotional distress felt by the complainant while living with the husband can therefore, scarcely be imagined.' The judge further noted that the husband's wealth was a crucial factor in determining appropriate compensation. He said, 'The fact that the complainant has to now also suffer being estranged from her two sons, as the husband appears to have influenced them against their mother, is also something which cannot be ignored. The husband, though has tried his level best to show that he is not in a good financial situation, has not been successful in proving the said contention. On the other hand, he being in a position to purchase properties worth ₹1 crore in 2012, and presently running an elevator company, will surely be rolling in money. Hence, balancing the scale, I am of the view that the compensation as granted to the wife needs to be enhanced to ₹1 crore.' Case background The case involved appeals from both sides: the husband and his parents, and the wife. They were contesting an earlier Metropolitan Magistrate Court order issued on February 18, 2020. The wife had sought an increase in both compensation and her ₹1 lakh monthly maintenance, while the husband challenged both amounts. In a 70-page order, Judge Ansari recounted that the couple married on December 12, 1997, and lived together until November 2016. The wife filed a complaint under the Domestic Violence Act that same month, accusing her husband of humiliation, abuse, assault, physical, mental and economic cruelty during more than two decades of marriage. Wife's testimony against wealthy husband The wife explained how her husband and in-laws operated several businesses, one of which listed her as a 'namesake' director — she was made to sign documents but had no real role. That company was later sold without her knowledge. She also said the couple owned several properties, including flats across Maharashtra and villas in Lonavla. According to her, the husband often berated her about spending and even threatened violence if she used extra money for household needs — claims the husband denied. She further alleged that her husband and in-laws physically assaulted her and never wanted a girl child. Initially, she was taunted for not conceiving; when she became pregnant with triplets, a miscarriage followed due to 'stress' from her in-laws and husband. Even after giving birth to two sons, she faced continued abuse, and her daughter was not accepted by the family — leading her to support her daughter alone. Court rejects husband's defence The husband disputed these accusations, including the physical abuse, arguing that his wife failed to provide exact dates of assault. Rejecting his arguments, Judge Ansari held, 'No wife can be expected to remember the exact dates and exact trivial reasons for her husband assaulting her over a long period of time. No other witnesses can also have been expected to be examined by the complainant on the said aspect, as the incidents of assault had almost always occurred within the four walls of the house. In such circumstances, the mere fact of the complainant not being able to recall the reason for the trivial fights between her and her husband, as also the specific dates on which she had been physically assaulted cannot at all be said to be grounds sufficient to challenge her testimony regarding the same.' The court found the wife's testimony 'unshaken' regarding most allegations. However, it ruled that she proved domestic violence only by her husband — not her in-laws. The court also determined that the husband committed 'economic abuse.' Responding to the husband's claim that his wife, a textile engineer, was capable of earning an income, Judge Ansari said: 'Even otherwise, having the capacity to earn by itself, cannot result in the rejection of any claim of maintenance by a complainant who is subjected to domestic violence at the hands of her husband. The question of the complainant's minor daughter being in a position to maintain herself, also does not arise. I am therefore of the clear view that the complainant and her minor daughter are entitled to claim maintenance from the husband. The fact that the husband and his parents had the capacity to spend more than ₹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 husband, she as also her daughter will be entitled to enjoy the same standard of living as that of the respondents.' With these observations, Judge Ansari enhanced the compensation from ₹5 lakh to ₹1 crore and increased monthly maintenance from ₹1 lakh to ₹1.5 lakh — for both the wife and the couple's minor daughter.