Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide

The matter was placed before Justices Hrishikesh Roy and Prashant Kumar Mishra.

In the present case, both parties got married in the year 1994. In 2017, the respondent(wife) had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. It was her case that the petitioner(husband) subjected her to physical and emotional abuse.

The Trial Court, while partly allowing her plea, inter-alia, granted the compensation of Rs.3 crores under Section 22 of the Act. This provision talks about compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence. Since the same was upheld by the High Court, the petitioner(husband) approached the Supreme Court.

Senior Advocate Madhavi Divan, who represented the petitioner, submitted that the compensation should be relatable to the damages and not the standard of living of the parties. She argued that the compensation is rather based on the petitioner's annual income, who was a U.S. Citizen. Apart from this, she also stressed that the standard of living criteria may be appropriate solely for the purpose of monetary relief, such as maintenance, as provided under Section 20 of the Act.

Based on this, the Court issued a notice in the present Special Leave Petition and noted:

“The fundamental question raised by Ms. Divan is whether the compensation awarded should co-relate to the degree of domestic violence suffered by the victim or is it to be linked to the financial status of the guilty party.”

Accordingly, the Court stayed the execution proceedings subject to a deposit of half of the compensation and continuance of the maintenance amount. 

Click here to read the order