A Mumbai court has significantly enhanced the compensation awarded to a woman in a domestic violence case, raising it from ₹5 lakh to ₹1 crore, after observing that her husband and his family belonged to the "crorepati" class..The order was passed by Special Judge S J Ansari of the Sessions Court at Dindoshi on May 5 in appeals filed by both the husband and the wife against the judgment of a metropolitan magistrate dated February 18, 2020.“The material on the record reflects that he and his family are what in common parlance is called ‘crorepatis’...the respondent No.1 (husband) being extremely rich, the grant of compensation of Rs.5 lakhs to the complainant by the learned Metropolitan Magistrate is too meagre an amount,” the court said.Such enhancement was required to compensate the woman for 20 years of torture, humiliation, economic abuse, taunts, etc, it ordered..The wife had accused her husband of years of severe physical, emotional and financial abuse throughout their marriage, which began in 1997. She recounted multiple assaults, including a violent incident in November 2016 that left her bleeding and hospitalised. Her husband was arrested following that incident, though he denied the allegations and claimed she had injured herself.She sought an increase in maintenance and compensation, as well as protection and residence orders. The husband countered that he was financially strained as he was paying for his sons' education and rent, and claimed he was the actual victim of domestic discord. He also argued that his business had suffered losses and denied owning substantial assets..However, the court found these claims unconvincing, particularly because the husband failed to provide any financial documents to support them. On the contrary, it pointed to property purchases worth over ₹1 crore made by the husband and his father in 2012, as well as his ongoing business operations, as evidence of his wealth.In determining the enhanced compensation, the court relied on a precedent from the Bombay High Court that affirmed a wife’s right to the same standard of living as her husband, and to damages for both physical harm and emotional trauma.“The physical and mental torture as also the sustained emotional distress felt by the complainant while living with the respondent No.1 can therefore, scarcely be imagined,” the court noted. “complainant was forced to approach the court for seeking maintenance, etc. as the last resort,” it added.In addition to the lump sum compensation, the court also raised the monthly maintenance for the wife from ₹1 lakh to ₹1.5 lakh and upheld the ₹1 lakh maintenance for the couple’s daughter until she turns 18.It affirmed the wife’s right to reside in the family’s Mumbai flat, which was deemed a shared household, and restrained the husband and his parents from dispossessing her or transferring ownership.The husband's appeal against the earlier decision was dismissed entirely, and he was ordered to pay the legal costs. The court also upheld protection orders against any further violence..Advocate Ninad Muzumdar appeared for the wife.Advocate Saveena Bedi appeared for the husband.Advocate Uday Pal appeared for the parents-in-law..[Read Order]
