Court recognizes prolonged litigation and economic exploitation as graver forms of domestic violence, orders substantial compensation under the Protection of Women from Domestic Violence Act, 2005.
In a significant judgment, the Madhya Pradesh High Court has enhanced the compensation awarded to victims of domestic violence from Rs. 10,000 to Rs. 10,00,000. The case, Smt. Chanda Bai @ Chandarbai v. Mayaram, highlighted the economic exploitation and prolonged litigation faced by the petitioners, which the court recognized as severe forms of domestic violence.
The petitioners, Smt. Chanda Bai and her daughter Manisha, were deprived of their legitimate right to maintenance despite a family settlement that allotted agricultural lands in their favor. The respondents, including Mayaram, had instituted civil suits that resulted in prolonged legal battles, causing significant mental harassment and economic hardship to the petitioners.
The court's decision, delivered by Justice Gajendra Singh, emphasized that compensation under Section 22 of the Protection of Women from Domestic Violence Act, 2005, must reflect the nature of deprivation, the value of the property involved, and the extensive litigation endured by the aggrieved persons. The judgment underscores the importance of ensuring justice and accountability in cases where domestic violence extends beyond physical harm to include economic and emotional abuse.
Justice Singh noted that the compensation initially awarded by the trial court was inadequate given the significant loss and hardship suffered by the petitioners. The court considered the area and value of the agricultural lands in question, along with the harassment and delay of over 14 years, in determining the enhanced compensation amount.
This ruling marks a significant step in recognizing the broader impacts of domestic violence and ensuring that victims receive appropriate redress for the injustices they face. The court directed the respondents to pay the enhanced compensation within three months, with interest accruing in case of delay.
Bottom line:-
Protection of Women from Domestic Violence Act, 2005 - Compensation awarded under Section 22 of the Act must be commensurate with the nature of deprivation, value of property involved, and prolonged litigation faced by the aggrieved persons.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Section 22, Criminal Procedure Code, 1973 Section 397/401.
Smt. Chanda Bai @ Chandarbai v. Mayaram, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2922747
