Bombay High Court upheld a trial court’s decision for a man to pay his estranged wife Rs. 3 crore compensation under the Domestic Violence Act, citing abuse from 1994-2017.
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MUMBAI: Recently, The Bombay High Court confirmed a trial court’s directive mandating a man to pay a substantial sum of Rs.3 crores in compensation to his estranged wife.
This based on the Protection of Women from Domestic Violence Act of 2005.
Justice Sharmila Deshmukh, overseeing the case, supported the trial court’s findings, which revealed the husband’s long-term abusive behavior towards his wife spanning from 1994 to 2017. This abuse included emotional, physical, and mental torment.
The court emphasized the complexity of determining compensation in such cases, acknowledging that there is no uniform approach. However, it pointed out the particular significance of the social and professional standing of the parties involved.
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“Both parties are educated and hold prominent positions in their workplaces and social circles. Considering their social status, the impact of domestic violence would be particularly significant for the respondent no. 1 (wife) as it affects her sense of self-worth. However, this doesn’t imply that individuals from different backgrounds wouldn’t be affected by the domestic violence they experience.”
– the court elucidated.
The couple’s journey, starting with their marriage in 1994 and relocation to the United States, followed by their return to Mumbai and the ensuing legal disputes, vividly illustrates the turbulent nature of their relationship. The husband’s departure to the USA in 2014, coupled with the wife’s complaint of domestic violence in Mumbai, initiated a sequence of legal hurdles leading up to the magistrate’s decision in 2023, which ordered compensation and maintenance.
The High Court agreed with the magistrate’s decision, even though the sessions court rejected the husband’s appeal. This shows that the courts carefully looked at the evidence and recognized the ongoing domestic violence.
The High Court mentioned-
“The trial Court thoroughly considered the domestic violence incidents by the husband and the evidence presented. After reviewing all the facts, it concluded that the husband continuously abused his wife from 1994 to 2017, causing her physical, financial, mental, and emotional harm.”
This significant decision not only reinforces the legal safeguards provided to victims of domestic violence but also demonstrates the courts’ readiness to acknowledge and tackle the various aspects of abuse. By incorporating economic abuse and the deprivation of stridhan (a woman’s property).
Advocates Vikramaditya Deshmukh and Sapana Rachure for the husband and Advocate Ashutosh Kulkarni serving as amicus curiae.