The Mumbai Sessions Court has significantly increased the compensation awarded to a woman who has been suffering domestic violence for over two decades. The compensation, originally fixed at ₹5 lakh by the magistrate court, was now enhanced to ₹1 crore. The decision was based on the financial capacity of the husband and his family, who were found to be "crorepatis".
In his order passed on May 5, Additional Sessions Judge Sameer Ansari said, "The amount of ₹5 lakh awarded as compensation is very meagre considering the assets of the husband."
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The court said the woman had suffered 20 years of abuse, assault, penury and mental harassment, which forced her to seek judicial intervention. The judge emphasised that the failure of the husband to prove any financial hardship further justified the enhancement in compensation.
"The husband could not prove that he is financially unstable. On the contrary, the record shows that he purchased property worth ₹1 crore in 2012 and runs an elevator business, which indicates substantial assets," the judge said.
The woman had also exposed several businesses and properties of the husband and in-laws, including bungalows in Lonavala. She was listed as a director in one of the companies, but was never informed about its sale. She alleged that she was forced to sign documents without being given any real authority.
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In her testimony, the woman mentioned repeated attacks, financial control and emotional abuse even during her pregnancy. She alleged that the family was biased towards girls and she faced severe taunting and abuse after giving birth to a daughter.
The husband denied these allegations, arguing that his wife could not recall the specific dates of the attacks. However, the court rejected this defence.
"No wife is expected to recall the exact dates of domestic assault over two decades. Most of the incidents took place inside the home and it is unreasonable to expect external witnesses," Justice Ansari said.
Though the court absolved the in-laws of direct involvement, it found strong evidence of domestic and economic abuse by the husband. The judge also addressed the husband’s claim that the wife is a textile engineer and therefore capable of earning.
“If a woman has been a victim of domestic violence, the mere ability to earn does not vitiate her right to maintenance,” the court ruled. The judge further ruled that both the wife and her minor daughter are entitled to enjoy the same standard of living as the husband, who has shown considerable assets.
Finally, the court enhanced the lump sum compensation to ₹1 crore and increased the monthly maintenance for both the wife and their daughter from ₹1 lakh to ₹1.5 lakh.
“This enhancement is necessary to provide fair compensation for the years of abuse and to ensure that the complainant and her daughter live with dignity,” the order said.
Appearance:
Advocate Ninad Muzumdar appeared for the Wife.
Advocate Saveena Bedi represented the Husband.
Advocate Uday Pal represented the In-laws.
