Bombay High Court Upholds ₹3 Crore Compensation for Wife Under Domestic Violence Act
The Bombay High Court recently confirmed a trial court’s decision, requiring a husband to pay ₹3 crore in compensation and ₹1.5 lakh per month as maintenance to his wife under the Domestic Violence Act.
A single-judge bench led by Justice Sharmila Deshmukh reviewed a revision petition filed by the husband. He had earlier challenged the trial court’s order in the Sessions Court, but his appeal was dismissed.
Background of the Case
The couple married in January 1994 in Mumbai and later moved to the USA, where they held another marriage ceremony. They returned to India in 2005 and started living in a jointly owned house in Mumbai. However, in 2008, the wife moved to her mother’s house, and in 2014, the husband relocated to the USA.
In 2017, the husband filed for divorce in the USA, while the wife filed a domestic violence complaint in Mumbai. The USA court granted the divorce in 2018.
Wife’s Allegations
The wife accused the husband of verbal, emotional, and physical abuse. She stated that during their honeymoon in Nepal in 1994, he insulted her by calling her “second-hand” due to a previously broken engagement.
She further alleged that while they were in the USA, the husband falsely accused her of having illicit relationships with her brothers. She also suffered physical and mental abuse, leading to his arrest by US authorities, though he was later released on bail.
After returning to Mumbai, the abuse continued. She claimed that he accused her of inappropriate relationships with a milkman and a vegetable vendor. In one instance, he allegedly attempted to suffocate her with a pillow.
Court’s Decision
Based on the wife’s complaint, the trial court ordered the husband to provide alternative housing and pay a monthly rent of ₹75,000. The court also granted ₹3 crore as compensation and ₹1.5 lakh per month in maintenance.
The husband challenged this order in the Sessions Court, which dismissed his plea. He then filed a revision petition in the Bombay High Court.
High Court’s Observation
The High Court ruled in favor of the wife, stating that domestic violence significantly impacts a person’s self-worth, particularly in cases where both individuals are well-educated and hold respected positions in society. The court emphasized that domestic violence affects people from all backgrounds and must be judged based on the unique circumstances of each case.
By upholding the compensation, the High Court reaffirmed the importance of protecting victims and ensuring justice for those affected by domestic violence.
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