Supreme Court

Balancing Scales of Justice: Supreme Court Debates Compensation Criteria in Domestic Violence Cases

The Supreme Court has ignited a crucial discourse on the parameters for determining compensation in cases of domestic violence. Central to the debate is the question: should the compensation awarded be commensurate with the severity of the victim’s suffering or the financial status of the perpetrator?

Justices Probe Compensation Criteria

Justices Hrishikesh Roy and Prashant Kumar Mishra are at the helm of this deliberation, actively seeking the wife’s perspective in a case propelled by the husband’s plea. At the crux of the matter is the husband’s discontent with the lower court’s decision to impose a substantial ₹3 crore compensation. His contention revolves around the argument that compensation should be a reflection of the harm endured by the victim, encompassing mental anguish and emotional trauma, rather than solely considering his economic standing.

Legal Conundrum Unveiled

The husband’s legal counsel has shed light on a perplexing aspect of the law concerning monetary relief for maintenance under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (DV Act). While acknowledging the relevance of the standard of living, the counsel has raised doubts about the justification behind pegging the compensation at ₹3 crores, solely based on the husband’s income from 2008-2009.

Supreme Court Intervention

In response to these complexities, the Supreme Court has stepped in, temporarily halting execution proceedings against the husband. However, this reprieve comes with a condition – the husband must deposit ₹1.5 crore with the court while upholding his responsibility to continue maintenance payments to his wife.

Legal Representation

Senior Advocate Madhavi Divan, along with Advocates Vikram Deshmukh, Shubham Kulshreshtha, Satya Rath, and Manju Jetley, has been at the forefront of advocating for the appellant-husband in this enthralling legal battle.

This case not only delves into the intricacies of compensation in domestic violence cases but also underscores the dynamic interplay between legal precedent, societal norms, and individual rights. As the Supreme Court continues its examination, it strives to strike a delicate balance between justice and equity in navigating the complexities of domestic violence cases.

Read More: Supreme CourtDelhi High CourtStates High CourtOther CourtsInternational

Payal Singh

Recent Posts

Punjab & Haryana HC Notice To Jindal Law School Over AI-Generated Exam Claims

The Punjab and Haryana High Court on Tuesday has issued a notice to Jindal Global…

4 hours ago

ED Files Money Laundering Complaint Against Charanjit Singh Bajaj, 4 Others

The ED on Tuesday has filed a Prosecution Complaint before the Special Court in Mohali…

5 hours ago

Pune Porsche Case: SC Rejects Anticipatory Bail To Father Of Minor Driver’s Friend

The Supreme Court on Tuesday denied bail to Arunkumar Devnath Singh, whose son is a…

6 hours ago

SC Dumps Plea Against Quashing LOC For Sushant Singh Rajput’s Ex-House Help

The Supreme Court on Tuesday dismissed the Centre's appeal against a Bombay High Court order…

6 hours ago

Rape Case: SC Issues Notice On Ex-Army Officer’s Plea For Quashing Charge sheet

The Supreme Court on Tuesday has agreed to review a plea from retired Army Captain…

7 hours ago

Chhattisgarh NAN Scam: FIR Against 2 Retired IAS Officers, Former AG

The Chhattisgarh Anti-Corruption Bureau on Tuesday has registered a case against 2 retired IAS officers…

7 hours ago