The Supreme Court has issued notice for a DV case, questioning if compensation in domestic violence cases should align with the harm suffered by victims or the financial status of the accused.
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NEW DELHI: The Supreme Court has issued notice regarding a significant case that raises an important question: should the compensation awarded in a domestic violence case be proportionate to the degree of violence suffered by the victim or the financial status of the guilty party?
A Bench comprising of Justices Hrishikesh Roy and Prashant Kumar Mishra has sought the response of the wife in connection with the plea moved by the husband. The husband, who is aggrieved by the orders of the lower courts in relation to a domestic violence case, has approached the Supreme Court to challenge the RS.3 crore compensation that was awarded. He argues that the amount should have been quantified based on the damages and injuries, including mental torture and emotional distress allegedly caused by him, rather than solely considering his standard of living.
The counsel representing the husband argued that while the standard of living criteria can be considered for monetary relief towards maintenance under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), it should not be the sole determinant for quantifying compensation. The compensation in this particular case was calculated at Rs.3 crore, based on the husband’s annual income for the year 2008-2009.
In response to the plea, the Supreme Court has ordered a stay on the execution proceedings against the husband, provided that he deposits Rs.1.5 crore with the court. The court has also instructed him to continue making maintenance payments to his wife while the case is ongoing.
Senior Advocate Madhavi Divan, along with Advocates Vikram Deshmukh, Shubham Kulshreshtha, Satya Rath, and Manju Jetley, appeared on behalf of the appellant-husband. Their arguments shed light on the complexities surrounding the determination of compensation in domestic violence cases, emphasizing the need for a fair and comprehensive approach that takes into account the various factors involved.
This case has a broader discussion on the issue of compensation in domestic violence cases within legal circles and society at large. Domestic violence is a grave concern that affects individuals across all sections of society, and it is crucial to ensure that victims receive adequate compensation for the physical, emotional, and psychological harm inflicted upon them.
The question of whether compensation should be proportionate to the degree of violence suffered by the victim or the financial status of the guilty party is a complex one. On one hand, determining compensation based on the degree of violence suffered would acknowledge the severity of the harm inflicted on the victim. It would emphasize the need to provide redress and support to victims who have experienced significant trauma.
On the other hand, considering the financial status of the guilty party when quantifying compensation acknowledges the economic impact of the violence and aims to restore the victim to a similar standard of living that they would have enjoyed had the violence not occurred.
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