Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • BJP’s Shaina NC Switches Party After Eknath Shinde’s Mumbadevi Poll Pass
    BJP’s Shaina NC Switches Party After Eknath Shinde’s Mumbadevi Poll Pass Nation
  • Indian Women Crush Bangladesh To Reach Kho Kho World Cup Semifinals
    Indian Women Crush Bangladesh To Reach Kho Kho World Cup Semifinals Sports
  • Access Denied Sports
  • Chandrababu Naidu Seeks More Funds For Andhra In Meeting With Amit Shah: Report
    Chandrababu Naidu Seeks More Funds For Andhra In Meeting With Amit Shah: Report Nation
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation
  • India now among top 25 arms exporter nations: Economic Survey 2023-2024
    India now among top 25 arms exporter nations: Economic Survey 2023-2024 Business
  • Adarsh scam cases being mishandled by Rajasthan government: Gehlot
    Adarsh scam cases being mishandled by Rajasthan government: Gehlot Nation
High Court Upholds Rs 3-Crore Compensation To Woman In Domestic Violence Case

High Court Upholds Rs 3-Crore Compensation To Woman In Domestic Violence Case

Posted on March 26, 2024 By admin


The couple had got married in 1994.

Mumbai:

The Bombay High Court has upheld a trial court order directing a husband to pay a Rs 3-crore compensation and monthly maintenance of Rs 1.5 lakh to his estranged wife, observing a factor that can be considered for deciding the payout quantum is the impact of acts of domestic violence on the aggrieved person.

The amount is granted to the woman as a recompense not only for physical injuries but also mental torture and emotional distress, noted Justice Sharmila Deshmukh in her March 22 order in the domestic violence case.

“For obvious reasons, there cannot be a straight jacket formula applicable to all and the quantum will differ according to the facts of each case. In my view, while determining the quantum of compensation, one of the factors which can be considered is the impact of the acts of domestic violence on the aggrieved person,” the high court observed.

Justice Sharmila held that the trial court’s finding was based on a discussion that there were continuous acts of domestic violence from 1994 to 2017, which cannot be faulted.

The couple tied the knot in Mumbai in January 1994 and later moved to the USA, where, another marriage ceremony was held.

In 2005, the duo returned to Mumbai and started living in a house jointly owned by them. However, in 2008, the wife moved to her mother’s house, while the husband went back to the US in 2014.

In July 2017, the woman filed a case against her husband under provisions of the Domestic Violence Act (DVA) before a metropolitan magistrate’s court. The woman alleged that, during their honeymoon, the husband called her “second hand” over her previous broken engagement.

In the USA, she was subjected to continuous acts of domestic violence, such as suspicion about her character, making false allegations of illicit relationships with other men and beating her up till she confessed to the same, the woman alleged.

The trial court noted the evidence of the woman as regards incidents of domestic violence which were corroborated by her mother, brother and uncle.

In its order passed in January 2023, the trial court held that the woman was subjected to domestic violence at the hands of her husband and directed him to pay Rs 3 crore as compensation to her.

It ordered the man to find a suitable accommodation – a residential flat of at least 1,000 square feet carpet area – for his wife in Mumbai’s Dadar area or alternatively pay Rs 75,000 towards house rent.

He was also directed to return all jewellery (‘streedhan’) and other belongings to the woman and pay her Rs 1,50,000 per month towards maintenance.

Aggrieved by the trial court’s order, the man filed a revision petition in the high court.

The single bench judge, while upholding the trial court’s order, said the compensation is to be granted for the injuries, including mental torture and emotional distress, caused by the acts of the accused.

It was of the view that although the abuse will necessarily result in mental torture and emotional distress for the aggrieved person, the gravity will differ from person to person.

“In the present case, 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 greatly felt by the woman as it would affect her self worth,” the court noted.

The high court said that the woman has been subjected to physical, economic, mental and emotional abuse and has to reside with her mother for nine years. The husband left the woman and went to the USA without making any provision for her.

The bench noted that the magistrate has granted the compensation considering the entire facts and circumstances and decided the quantum by considering the status of the parties and income.

The trial court came to its finding based on the discussion that there were continuous acts of domestic violence from 1994 to 2017, which cannot be faulted with, the high court said.

“I don’t find any reason in exercise of revisional jurisdiction of this court, to interfere with the impugned judgment and order. Revision application stands dismissed,” the judge added.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Bombay High Court, Domestic Violence, Estranged Wife

Post navigation

Previous Post: PM Modi Congratulates Belgian Counterpart On Nuclear Energy Summit Success
Next Post: Kuki-Zo Group ITLF In Manipur Ahead Of Elections

Related Posts

  • AAP vs BJP Letter War On New Year’s Day, Arvind Kejriwal Writes To RSS Head
    AAP vs BJP Letter War On New Year’s Day, Arvind Kejriwal Writes To RSS Head Nation
  • Access Denied
    Access Denied Nation
  • Rs 400 Crore Infrastructure To Ensure 24/7 Electricity At Maha Kumbh
    Rs 400 Crore Infrastructure To Ensure 24/7 Electricity At Maha Kumbh Nation
  • Parents On Mumbai Ferry Planned To Throw Their Kids In Water: CISF Rescuers
    Parents On Mumbai Ferry Planned To Throw Their Kids In Water: CISF Rescuers Nation
  • PM Modi’s ‘warning’ on economy | What it means | Talking Politics
    PM Modi’s ‘warning’ on economy | What it means | Talking Politics Nation
  • Access Denied
    Access Denied Nation

More Related Articles

Former Chief Minister Palaniswami wins for the sixth time in Edappadi Former Chief Minister Palaniswami wins for the sixth time in Edappadi Nation
Access Denied Access Denied Nation
Access Denied Access Denied Nation
Weeks After Constitution Change Remark, Six-Time BJP MP Denied Poll Pass Weeks After Constitution Change Remark, Six-Time BJP MP Denied Poll Pass Nation
Access Denied Access Denied Nation
90-Year-Old Falls Prey To Digital Arrest Scam In Gujarat, Loses Rs 1 Crore 90-Year-Old Falls Prey To Digital Arrest Scam In Gujarat, Loses Rs 1 Crore Nation
SiteLock

Archives

  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • U.S. to drop graft charges against Gautam Adani: NY Times
  • One dead, several injured in landslide in Jamuria coal mines in West Bengal; many feared missing
  • ​Bursting at the seams: On the rise in inflation
  • Sinner reaches Italian Open semis, breaks Masters 1000 winning streak record
  • Trading in organs illegally in Kerala, with forged documents

Recent Comments

  1. AlfredgeK on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. WilliamTOP on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. KevinPrics on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. Davidexomi on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. AllanSwexy on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Access Denied Sports
  • PM Modi’s New Global Initiative Gets Big Praise From Shah Rukh Khan, Akshay Kumar
    PM Modi’s New Global Initiative Gets Big Praise From Shah Rukh Khan, Akshay Kumar Nation
  • Access Denied
    Access Denied Nation
  • Vladimir Putin’s “Gifts” To Kim Jong’s North Korea
    Vladimir Putin’s “Gifts” To Kim Jong’s North Korea World
  • Ireland To Tour Pakistan For White-Ball Series In 2025 For First Time
    Ireland To Tour Pakistan For White-Ball Series In 2025 For First Time Sports
  • Access Denied Sports
  • How does the Indian harmonium produce its lively music?
    How does the Indian harmonium produce its lively music? Science
  • Reporter Asks “Are Pakistan Mentally Weak”? Skipper Shan Masood’s Honest Reply
    Reporter Asks “Are Pakistan Mentally Weak”? Skipper Shan Masood’s Honest Reply Sports

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.