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The wife alleged in her application that during their honeymoon in Nepal in 1994, the husband called her "second-hand" as her earlier engagement had broken. She further alleged that when they were in the USA, the husband leveled allegations against her for having illicit relations with her brothers
The Bombay High Court recently upheld the decision of the trial court directing a husband to pay compensation of Rs. 3 crore and monthly maintenance of Rs. 1.5 lakh under the Domestic Violence Act.
A single judge bench of the high court comprising Justice Sharmila Deshmukh was hearing a revision application filed by the husband against the order of the Sessions Court dismissing the appeal filed by the husband against the order of the trial court.
The husband and wife duo got married in January 1994 in Mumbai. They moved to the USA and also performed a marriage ceremony there.
In 2005, the duo returned to India and started residing in Mumbai again in a house owned by both of them. In 2008, the wife moved to her mother’s house, and in 2014, the husband moved back to the USA.
In 2017, the husband filed an application in the USA seeking divorce, and the wife filed a complaint against the husband under the Domestic Violence Act in Mumbai. In 2018, the USA court allowed the application seeking divorce.
The wife alleged in her application that during their honeymoon in Nepal in 1994, the husband called her "second-hand" as her earlier engagement had broken.
She further alleged that when they were in the USA, the husband leveled allegations against her for having illicit relations with her brothers. She also alleged physical and mental abuse. The police administration in the USA had arrested the husband but later released him on bail.
Additionally, the wife alleged that when they moved to Mumbai, the husband again leveled allegations of illicit relations with a milkman and vegetable vendor. She also alleged that on one occasion, the husband tried to suffocate her with a pillow.
Based on the complaint filed by the wife under the Domestic Violence Act, the trial court directed the husband to provide alternate accommodation to the wife and pay monthly rent of Rs. 75,000. The trial court also awarded Rs. 3 crore as compensation and Rs. 1.5 lakh as monthly maintenance.
The husband challenged the order of the trial court before the Sessions Court, which rejected his challenge. Subsequently, he filed a revision plea before the high court.
While upholding the compensation of Rs. 3 crore, the high court observed that the act of domestic violence affected the self-worth of the wife.
“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 greater felt by the Respondent No 1 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. The cumulative effect in facts of each case will also have to be taken into consideration,” the order states.
Case title: ABC vs XYZ
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