In a case under the Protection of Women from Domestic Violence Act, 2005, the Bombay High Court recently affirmed a trial court judgment compelling a man to compensate his estranged wife with ₹3 crores.
A single judge bench led by Justice Sharmila Deshmukh agreed with the trial court’s decision that the husband had abused his wife physically, emotionally, and mentally from 1994 to 2017.
The court continued by stating that although there is no universal formula for calculating the amount of compensation owed in such situations, the amount may also be contingent on the victim’s emotional distress as a result of the violence.
the Court stated, “Admittedly both the parties are well educated and highly placed in their workplace and in social life. That being the social standing, the acts of domestic violence would be greater felt by the respondent no 1 (wife) as it would affect her self-worth. This is not to be interpreted to mean that the aggrieved person from other walks of life will not be impacted by the domestic violence suffered by them.”
Additionally, the High Court noted that the trial court had awarded the woman compensation subsequent to a comprehensive examination of the facts, including the financial circumstances and employment status of the parties.
In doing so, the Court affirmed the order of the trial court,
“The trial Court has considered in detail the acts of domestic violence committed by the applicant and the evidence which has come on record and on assessment of the entire facts and circumstances of the case held that the applicant has committed the acts of domestic violence continuously from the year 1994 to 2017 and has subjected wife to physical, economic, mental and emotional abuse.”
The involved couple entered into matrimony in 1994 and subsequently moved to the United States of America (USA), as stated in the court document.
The couple moved back to Mumbai in 2005. In 2014, however, the spouse returned to the United States without his wife. The husband petitioned for his divorce in the United States in 2017, subsequent to his wife filing a domestic violence complaint against him in Mumbai.
A United States court granted the husband’s petition for divorce in 2018.
A magistrate in India ordered the man to pay his estranged wife ₹3 crores in compensation and ₹1.5 lakhs per month in maintenance in 2023. Additionally, the man was told to either find a good place for the woman to live or pay ₹75,000 in rent every month.
This order of the magistrate was contested by the spouse. After his plea was turned down by a sessions court, the man moved to the Bombay High Court to get relief.
According to Justice Deshmukh of the High Court, the trial court order was founded upon the determination that persistent incidents of domestic violence occurred from 1994 to 2017. In light of this, the High Court affirmed that the order was immaculate.
The High Court remarked,“The evidence on record clearly demonstrate the acts of domestic violence which are committed in India as well as in USA. The domestic violence also includes an aspect of economic abuse, which also takes within its fold the deprivation of stridhan of aggrieved person.”
As a result, the High Court dismissed the husband’s plea and confirmed the trial court’s decision in favor of the wife.
Counsels for the husband : Advocates Vikramaditya Deshmukh and Sapana Rachure
As an amicus curiae, Advocate Ashutosh Kulkarni provided assistance to the court.