Bombay High Court Upholds Rs 3 Crore Compensation to Wife Under Domestic Violence Act
The Bombay High Court has upheld a trial court’s decision directing a husband to pay Rs 3 crore in compensation and Rs 1.5 lakh monthly maintenance to his wife under the Domestic Violence Act.
Justice Sharmila Deshmukh, presiding over the case, reviewed a revision application filed by the husband. He was challenging the order of the Sessions Court, which had dismissed his appeal against the trial court’s ruling.
The couple married in January 1994 in Mumbai, later moving to the USA where they also held a marriage ceremony. They returned to Mumbai in 2005 and lived in a jointly owned house. In 2008, the wife moved to her mother’s home, and in 2014, the husband moved back to the USA. By 2017, the husband filed for divorce in the USA, and the wife filed a domestic violence complaint in Mumbai. The USA court granted the divorce in 2018.
The wife’s allegations included being called “second-hand” during their 1994 honeymoon, accusations of illicit relationships with her brothers while in the USA, and physical and mental abuse, including an incident where the husband allegedly tried to suffocate her with a pillow. The husband had been arrested by US authorities but was later released on bail.
In Mumbai, the wife faced further accusations of illicit relations with local vendors. Based on her complaint, the trial court ordered the husband to provide alternative accommodation and pay Rs 75,000 monthly rent. The court also awarded Rs 3 crore in compensation and Rs 1.5 lakh monthly maintenance.
The husband’s appeal against this order was rejected by the Sessions Court, prompting him to file a revision plea with the Bombay High Court. The High Court noted the educational and social standing of both parties, emphasizing that the acts of domestic violence had severely impacted the wife’s self-worth.
The court stated, “Given the social standing of both parties, the acts of domestic violence would have a greater impact on the wife’s self-worth. This does not mean that individuals from other walks of life are not equally affected by domestic violence. Each case must be considered on its cumulative facts.”
In upholding the Rs 3 crore compensation, the High Court reinforced the severe impact of domestic violence on victims’ self-worth and the necessity of substantial compensation.
