How this court enhanced compensation from Rs 5 lakh to 1 Crore
In a significant and precedent-setting judgment, the Sessions Court at Dindoshi (Borivali Division), Mumbai, delivered on May 5, 2025, granted ₹1 crore as compensation to a woman under the Protection of Women from Domestic Violence Act, 2005. This judgment marked a major enhancement from the ₹5 lakh compensation earlier awarded by the trial court, acknowledging over two decades of sustained abuse.
🔹 Background of the Case
The case involved cross-appeals:
- Criminal Appeal No. 16/2021 by the wife (complainant) seeking enhanced compensation and maintenance.
- Criminal Appeal No. 44/2021 by the husband, challenging the reliefs granted to his wife.
The couple had married in 1997 and had three children, including twin sons and a daughter. The wife filed a detailed complaint under the DV Act in 2018, alleging long-term physical, emotional, verbal, and economic violence at the hands of her husband and in-laws.
🔹 Allegations by the Wife
The complainant presented a compelling narrative of abuse:
- Physical violence during pregnancies, including being kicked in the stomach, leading to miscarriage and internal injuries.
- A brutal 2016 assault, where the husband allegedly smashed a glass table on her head, causing severe bleeding and hospitalization.
- Verbal humiliation and psychological torture, including threats, insults, and forced isolation from her family.
- Economic deprivation—the husband allegedly withheld money for household expenses, denied her and their daughter’s basic needs, and misused funds from their joint business.
- She was pressured to gift away her property and not allowed to benefit from her shares in the company.
- The continued abuse led to suicidal tendencies and mental health breakdowns, for which she received psychiatric treatment in 2011 and 2016.
🔹 Husband’s Defence
The husband denied all allegations and claimed:
- The wife was mentally unstable, abusive toward him and the children.
- He was in financial distress with liabilities over ₹9.72 crores.
- Alleged she misused business funds and fabricated false claims.
- Claimed the properties were in his father’s name and not his own.
However, he failed to produce any evidence or appear for cross-examination—this significantly weakened his case.
🔹 Key Evidence Presented by the Wife
- Affidavit by way of Evidence (Exh. 59) – A comprehensive, chronological record of abuse.
- Medical Records – Confirmed injuries from physical assaults, including the 2016 hospitalization.
- Police Complaint & FIR – Crime No. 524/2016 registered under Sections 326, 323, and 504 IPC.
- Counselling and Psychiatric Reports – Documented the mental toll of the violence.
- Financial Proofs – Showed control of household finances by husband and diversion of joint property benefits.
Her testimony remained unchallenged and unshaken, as the husband did not counter it with evidence or witnesses.
🔹 Court’s Findings
After careful analysis, the Sessions Court held:
- Domestic violence was proved against the husband (not in-laws).
- The wife’s evidence was credible, consistent, and fully supported by documents.
- Abuse met the definition under Section 3 of the DV Act (physical, verbal, emotional, economic).
- The court exercised powers under Section 22 of the DV Act, enhancing compensation based on:
- The gravity and longevity of abuse (20+ years).
- Documented mental trauma, depression, and medical suffering.
- Economic hardship, denial of matrimonial obligations, and impact on the minor daughter.
🔹 Final Orders by the Sessions Court
- Compensation: ₹1 crore (enhanced from ₹5 lakh)
- Monthly Maintenance:
- ₹1.5 lakh/month to the wife
- ₹1 lakh/month to the daughter
- Residence Rights: Wife and daughter granted the right to stay in the shared household; husband and family restrained from alienating the property.
- Protection Order: Husband barred from causing further violence or interference.
🔹 Legal Takeaways
- A detailed and consistent affidavit, supported by evidence, can prove domestic violence, even in complex long-term marriages.
- Compensation under Section 22 of the DV Act can reach substantial amounts if the abuse is severe, prolonged, and well-documented.
- Inaction by the respondent, especially failure to rebut allegations or submit evidence, strengthens the complainant’s case.
- This case highlights the judiciary’s increasing sensitivity toward emotional and economic violence, not just physical injuries.
📝 Conclusion
The Dindoshi Sessions Court’s judgment reinforces the principle that justice can prevail for survivors of long-standing domestic abuse, especially when they have the courage and documentation to speak up. The ₹1 crore compensation not only reflects the seriousness of the violence but also serves as a deterrent and a message of empowerment for others enduring similar suffering.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at nitish@lexspeak.in or 9891549997