Supreme Court To Examine Whether Compensation In Domestic Violence Cases Should Be Determined By The Victim’s Suffering Or The Offender’s Financial Status

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A panel comprising Justices Hrishikesh Roy and Prashant Kumar Mishra of the Supreme Court has issued a notice in a case that poses the inquiry of whether the compensation granted in instances of domestic violence should correspond to the severity of harm endured by the victim or the financial circumstances of the accused party.

The bench has requested the wife’s input in a case that has brought up this matter, following a petition submitted by the husband.

The husband, dissatisfied with the decisions of lower courts regarding a domestic violence case, sought recourse from the Supreme Court. His primary contention centered on contesting the Rs 3 crore compensation granted to his wife. He posited that the awarded sum should have been determined based on the damages and injuries, including mental anguish and emotional distress allegedly inflicted, rather than solely on his standard of living.

The husband’s legal representative contended that while the standard of living might be relevant for monetary relief under Section 20 of the Protection of Women from Domestic Violence Act, 2005, it might not be the sole determinant for compensation.

She highlighted that the Rs 3 crore compensation was calculated based on the husband’s earnings in the fiscal year 2008-2009.

In response, the Supreme Court intervened by halting the enforcement proceedings against the husband on the condition that he deposits Rs 1.5 crore with the court while ensuring the continuous payment of maintenance to his spouse.

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