The Bombay High Court recently upheld a trial court’s decision requiring a husband to pay ₹3 crore in compensation and ₹1.5 lakh per month in maintenance to his wife under the Domestic Violence Act.
A single-judge bench, led by Justice Sharmila Deshmukh, reviewed a revision application filed by the husband after the Sessions Court dismissed his appeal against the original trial court’s ruling.
The couple married in Mumbai in January 1994 and later moved to the USA, where they had another marriage ceremony. They returned to Mumbai in 2005, living together in a house they jointly owned. In 2008, the wife moved to her mother’s home, and in 2014, the husband returned to the USA. By 2017, the husband filed for divorce in the USA, and the wife responded by filing a complaint under the Domestic Violence Act in Mumbai. In 2018, the USA court granted the divorce.
In her complaint, the wife claimed that during their honeymoon in Nepal in 1994, her husband referred to her as “second-hand” because her previous engagement had ended. She also accused him of making inappropriate allegations during their time in the USA, accusing her of having illicit relationships with her brothers. She alleged both physical and mental abuse, resulting in his arrest by the USA police, though he was later released on bail.
After returning to Mumbai, the wife alleged that her husband accused her of inappropriate relationships with a milkman and a vegetable vendor. She further claimed that he once attempted to suffocate her with a pillow.
Based on her complaint, the trial court ordered the husband to provide alternative accommodation to the wife and pay ₹75,000 per month as rent. Additionally, the court awarded her ₹3 crore in compensation and ₹1.5 lakh in monthly maintenance.
The husband challenged the trial court’s decision in the Sessions Court, which upheld the ruling. He then filed a revision plea with the Bombay High Court, but it was dismissed.
The court’s ruling acknowledged that both parties were well-educated and socially prominent, and the domestic violence suffered by the wife impacted her self-worth more deeply because of their social standing. The court clarified that domestic violence impacts victims from all walks of life but emphasized that each case must be considered on its own merits.
The high court upheld the ₹3 crore compensation, stating that the domestic violence the wife endured had significantly affected her self-esteem.
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