Domestic Violence: Mumbai Court Enhances Compensation From ₹5 Lakh To ₹1 Crore After Noting Husband's Family Is 'Crorepati'

Noting that the husband and his family are 'crorepatis' a sessions court in Mumbai recently enhanced compensation to a woman, who was abused, humiliated and subjected to domestic violence for 20 years, from Rs 5 lakhs to Rs 1 crore. 

Additional Sessions Judge Sameer Ansari said the amount of Rs 5 lakhs as compensation awarded by a Magistrate Court was 'meagre.'

"It is clear that the husband has not been able to prove the fact of he being in dire straits, financially. On the other hand, the material on the record reflects that he and his family are what in common parlance is called 'crorepatis.' The facts of the matter as proved on the record will show that after suffering domestic violence in the nature of beatings, severe assaults, taunts and even financial deprivation in a marriage of almost 20 years, the complainant was forced to approach the court for seeking maintenance, etc. as the last resort. The physical and mental torture as also the sustained emotional distress felt by the complainant while living with the husband can therefore, scarcely be imagined," Judge Ansari said in the order passed on May 5. 

The judge pointed out that the husband being extremely rich, the compensation of Rs.5 lakhs to the wife by the Metropolitan Magistrate is too meagre an amount and therefore, required a very substantial enhancement so as to actually compensate her for the 20 years of torture, humiliation, economic abuse, taunts, etc. undergone by her at the hands of the husband.

"The fact that the complainant has to now also suffer being estranged from her two sons, as the husband appears to have influenced them against their mother, is also something which cannot be ignored. The husband though has tried his level best to show that he is not in a good financial situation, has not been successful in proving the said contention. On the other hand, he being in a position to purchase properties worth Rs.1 crore in 2012, and presently running an elevator company, will surely be rolling in money. Hence, balancing the scale, I am of the view that the compensation as granted to the wife needs to be enhanced to Rs.1 crore," the judge ordered. 

The court was hearing appeals filed by the husband and his parents and also the wife, all challenging a Metropolitan Magistrate Court's order passed in February 18, 2020. While the wife sought enhancement of compensation and also the Rs 1 lakh monthly maintenance awarded by the Magistrate court, the husband questioned the amounts to be paid both as maintenance and compensation to the wife.

In his 70-page order, the judge noted that the couple had been married in December 12, 1997 and lived together till November 2016, the month in which, the wife lodged a complaint under the Domestic Violence (DV) Act accusing the husband of humiliating her, abusing and assaulting her and even subjecting her to physical, mental and economic abuse and cruelty in the more than 2 decades of married life. 

The wife pointed out how wealthy her husband and his parents were and how they operated various businesses, one of which she was made a 'namesake' director and was only made to sign documents. She pointed out that the company of which she was the director was sold and she was not even informed about it. The couple purchased various flats in Mumbai and other parts of Maharashtra including some bungalows and villas in Lonavla. She alleged that the husband often abused her for her expenses and even threatened to assault her if she spend any extra money for household purposes. However, the husband disputed the same. 

Further, the wife alleged that the husband, his parents often assaulted her and never wanted a girl child. She claimed that she was initially taunted for not being able to conceive and later when she became pregnant with triplets, she suffered miscarriage because of the 'stress' she was subjected to by her in-laws and the husband. She claimed that even after giving birth to two sons, she was tortured and the birth of her daughter was not accepted by her husband and in-laws and that is a reason for her single-handedly looking after the expenses of her daughter. The husband disputed these too. 

To the contention with regard to the physical assault, the husband argued that the wife failed to point out exact dates when she was allegedly assaulted. 

Rejecting the husband's arguments, Judge Ansari held, "No wife can be expected to remember the exact dates and exact trivial reasons for her husband assaulting her over a long period of time. No other witnesses can also have been expected to be examined by the complainant on the said aspect, as the incidents of assault had almost always occurred within the four walls of the house. In such circumstances, the mere fact of the complainant not being able to recall the reason for the trivial fights between her and her husband, as also the specific dates on which she had been physically assaulted cannot at all be said to be grounds sufficient to challenge her testimony regarding the same."

The court found the wife's testimony 'unshaken' with regards to various allegations that she levelled. However, the court held that the wife could only prove domestic violence at the hands of the husband but not against her in-laws. It gave a finding that the husband subjected the wife to 'economic abuse' too. 

As regards the contention of the husband that the wife is a Textile Engineer and has a capacity to earn, Judge Ansari observed, "Even otherwise, having the capacity to earn by itself, cannot result in the rejection of any claim of maintenance by a complainant who is subjected to domestic violence at the hands of her husband. The question of the complainant's minor daughter being in a position to maintain herself, also does not arise. I am therefore, of the clear view that the complainant and her minor daughter are entitled to claim maintenance from the husband. The fact that the husband and his parents had the capacity to spend more than Rs. 1 crore for purchasing land as also a flat in Kharghar in the year 2012 is a clear reflection of their sound financial status as also the fact of they belonging to the class commonly known as 'crorepatis.' It is therefore, not difficult to imagine their standard of living at all times. This being so and the complainant having been subjected to domestic violence at the hands of the husband, she as also her daughter will be entitled to enjoy the same standard of living as that of the respondents."

With these observations, the judge enhanced the compensation from Rs 5 lakhs to Rs 1 crore and the monthly maintenance from Rs 1 lakh to Rs 1.50 lakhs, towards the wife and the minor daughter. 

Appearance:

Advocate Ninad Muzumdar appeared for the Wife.

Advocate Saveena Bedi represented the Husband.

Advocate Uday Pal represented the In-laws.

Case Title: JKB vs KSB (Criminal Appeal 16 of 2021)

Click Here To Read/Download Judgment