MUMBAI: In a latest ruling, the Bombay Excessive Court docket upheld a trial courtroom’s determination, ordering a person who derogatorily referred to his spouse as ‘second-hand’ to pay a hefty compensation of Rs three crore together with month-to-month upkeep of Rs 1.5 lakh beneath the Safety of Girls from Home Violence Act, 2005.
Background Of The Case
The case, heard by Justice Sharmila Deshmukh on a revision utility filed by the husband, stemmed from a tumultuous marriage that started in January 1994 in Mumbai and later included a ceremonial marriage within the USA. Regardless of proudly owning a shared residence in Matunga upon their return to Mumbai in 2005, marital discord led to the spouse relocating to her mom’s residence in 2008, whereas the husband moved to the USA in 2014.
Authorized Proceedings
Authorized proceedings unfolded in each the USA and Mumbai, with the husband submitting for divorce in 2017, which was granted in 2018. Concurrently, the spouse lodged a criticism beneath the Home Violence Act in Mumbai.
Testimony And Allegations
The spouse recounted a collection of distressing incidents, together with verbal and bodily abuse, notably highlighting a demeaning occasion throughout their honeymoon in Nepal the place the husband labelled her ‘second-hand’ as a result of a earlier damaged engagement. She additional revealed cases of verbal degradation, bodily violence, and baseless accusations of infidelity, even citing a 1999 incident in Texas the place the husband was arrested for assaulting her.
Court docket’s Observations
The courtroom, acknowledging the gravity of home violence, emphasised its detrimental influence on the sufferer’s self-worth, no matter their social standing or schooling degree. It famous that on this case, the place each events have been well-educated and held excessive social standing, the consequences of home violence can be keenly felt by the spouse, affecting her self-worth considerably.
Regardless of the husband’s claims that the home violence proceedings have been retaliatory to the divorce proceedings initiated by him, the courtroom upheld the trial courtroom’s ruling, underscoring the significance of addressing home violence comprehensively and offering redressal to victims.
