Domestic Violence Act – Acts of domestic violence for grant of maintenance and compensation –
Domestic violence of physical assault, verbal, emotional abuse, aspersions on the character of wife from 1994 to 2006 in USA and in India from 2006 to 2008. Spouses are USA Citizens. Domestic Violence Case filed in the Court at Mumbai for various reliefs including residence, protection order and maintenance.
Acts of Domestic Violence –
In the background of contentions of the husband that the acts of domestic violence either in USA or India are not proved, it was observed that –
It is often found that the wife does not immediately rush to the police when inflicted with physical, mental, physiological and economic abuse or change of lock of house to evict the wife. Even if such person suffers injuries they would not necessarily keep medical records of the same. The decision in 2021 SCC Online Bom 1292 in Aruna Omprakash Shukla case was relied on.
Maintenance
Rs.1,50,000/- per month maintenance was granted. Even if the Respondent No.1 wife was earning, she is entitled to the same standard of living as that of the husband. The evidence of wife that the estimated annual salary of husband was US$ 3,00,000 has not been challenged in the cross-examination.
Compensation – DV Act does not lay down any straight jacket formula for computation of compensation and it has to be ascertained on consideration of entire facts and circumstances of the case. One of the factors for determination is the impact of domestic violence on the wife.
Compensation of Rs. 3 crores was granted for the injuries including physical injuries, mental torture and emotional distress caused by the acts of the husband. The quantum of compensation may differ from the facts of each case, one of the factors to be considered is the impact of acts of domestic violence on the aggrieved person. Both the parties are well educated and highly placed at their workplace and in social life. That being the social stands, the domestic violence would be greater felt by the wife as it would affect her self worth. Moreover, it can be said that the wife is left without any future prospects as regards her personal life having suffered domestic violence since 1994 till 2008.
Judgment dated 22.3.2024 in Criminal Revision Application No.234 of 2023 of Kaushal Arvind Thakker Vs. Jyoti Kaushal Thakker and another
