(MENAFN- Kashmir Observer) Srinagar: In a landmark ruling that underscores the judiciary's firm stance against domestic abuse, a Mumbai sessions court has significantly increased the compensation awarded to a woman in a domestic violence case-from a meagre Rs 5 lakh to a substantial Rs 1 crore. The court observed that the woman's husband, a wealthy businessman running an elevator company, and his family were“crorepatis” and held ample financial means to provide fair restitution.
The court observed that the woman's husband, who runs an elevator company, and his family are 'crorepatis'.
Besides the compensation, the court also increased the monthly maintenance granted to the woman and her daughter from Rs 1 lakh to Rs 1.5 lakh, holding that the“physical and mental torture” faced by the complainant while living with her husband can“scarcely be imagined”.
In her order passed last month, Additional Sessions Judge (Dindoshi Court) S J Ansari ruled that the initial compensation of Rs 5 lakh awarded by a magistrate was“meagre” considering that the woman endured“torture and humiliation” for 20 years.
The victim, a 41-year-old housewife, had challenged a February 2020 compensation order passed by the magistrate under the Protection of Women from Domestic Violence Act. She alleged a long history of physical, emotional and economic abuse by her husband and in-laws since her marriage in December 1997.
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The sessions court noted that the woman was forced to seek legal help for maintenance as a last resort after suffering“beatings, severe assaults, taunts and even financial deprivation” in a marriage of almost 20 years.
The sessions judge also noted that the magistrate had granted Rs 5 lakh to the aggrieved woman. According to the order, while the woman termed the amount too little, her husband contended that she was not entitled to any money as compensation.
The man claimed that he was at the receiving end of his wife's“behaviour” and his financial situation had now become“precarious”. The husband said he pays the rent for the premises occupied by him and their twin sons, and he takes care of their educational and living expenses, which leaves him with nothing.
The court, however, held that the complainant was subjected to domestic violence by her husband, Press Trust of India reported.
It noted that the husband and his father had the financial capacity in 2012 to purchase land as well as a flat worth more than Rs 1 crore. The man could not prove that his financial condition was not good despite trying his level best, the court said.
Citing the material on the record, the court said the man and his family are“crorepatis”. Noting that he being“extremely rich”, the Rs 5 lakh compensation awarded to the complainant by the magistrate“is too meagre an amount”.
“The same requires a very substantial enhancement so as to actually compensate the complainant for the 20 years of torture, humiliation, economic abuse, taunts, etc., undergone by her at the hands of the respondent no. 1,” the court ruled.
The court said the woman has to now also suffer being estranged from her two sons. The husband appears to have influenced the sons against their mother“is also something which cannot be ignored”, the judge said.
After considering all aspects, the court raised the compensation as well as the maintenance granted to the woman and her daughter.
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