- Case No. - C.R.R. No. 3907 of 2016
- Coram- Mrs. Justice Madhumati Mitra
Brief Facts
The Petitioner filed an application under Sections 18,19,20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the Court of the Learned Chief Judicial Magistrate. As a result, the court directed the Respondent to pay Rs 3 lakhs to the Petitioner as compensation. The wife stated that she was physically assaulted and she resides separately from her husband. The respondent filed an appeal against the Trial Court’s decision to grant monetary relief to the appellant. The appellate court set aside the order of compensation to be given to the wife. The present appeal is filed on the basis of the erroneous decision to set aside the order. The respondent contended that the appellant did not file any application for getting the relief of compensation under the Act. But the present court rejected this contention on the basis of no merit.
Judgment
The High Court held that the determination of compensation has to be rational, to be done by a judicious approach and it should not be an outcome of guesses on arbitrariness. At the same time, it should be remembered that in absence of any evidence or materials on record the grant of compensation can be justified. Compensation for mental or physical shock, pain, suffering, frustration, mental stress, etc. can be given if there is sufficient evidence on record in this regard.
