Bombay High Court Dismisses Writ Petitions in Domestic Violence Case. Court Orders Remaining Compensation Payment of ₹4.5 Lakhs to the Aggrieved Wife.


Summary of Judgement

The Bombay High Court, Aurangabad Bench, dismissed two writ petitions challenging the orders of the lower courts. The petitions were filed by family members of Smt. Sneha Sunil Zawar, who sought to overturn the judgment granting her maintenance and compensation for domestic violence. The court upheld the previous decisions, directing the petitioners to deposit the remaining compensation of ₹4.5 lakhs within two weeks. The court emphasized that even though the petitioners were acquitted of charges under Section 498-A of the IPC, the compensation under the Domestic Violence Act was justified due to the mental and physical harassment suffered by the respondent.

1. Background

Smt. Sneha Sunil Zawar married the petitioner in 1993 and lived in a joint family. She alleged that she faced mental and physical harassment, which led her to file a case under the Domestic Violence Act. The trial court granted her ₹10,000 per month in maintenance and ₹5,00,000 as compensation. The decision was challenged in the High Court.

2. Petitioners' Arguments

The petitioners argued that the allegations were false and baseless, emphasizing that they were acquitted under Section 498-A of the IPC. They contended that the compensation was unjustified and sought its reversal.

3. Court's Observation

The court observed that the respondent had suffered both mental and physical harassment, which was corroborated by evidence, including medical certificates. It held that acquittal under Section 498-A does not negate the right to compensation under the Domestic Violence Act, which covers mental torture and emotional distress.

4. Final Judgment

The court dismissed the writ petitions and ordered the petitioners to deposit the remaining compensation amount. The court noted the sound financial position of the petitioners and affirmed the compensation as fair and justified.

This case reaffirms the legal principle that domestic violence cases can result in compensation for mental and emotional distress, irrespective of acquittal under related criminal charges.

The Judgement

Case Title: DR. ANIL SURAJMAL ZAWAR AND ORS VERSUS SMT. SNEHA SUNIL ZAWAR AND ANR

Citation: 2024 LawText (BOM) (7) 294

Case Number: 11 CRIMINAL WRIT PETITION NO. 1341 OF 2015 AND CRIMINAL WRIT PETITION NO. 190 OF 2016 WITH CRIMINAL APPLICATION NO. 2376 OF 2016 IN WP/190/2016 AND CRIMINAL APPLICATION NO. 1404 OF 2022 IN WP/1341/2015 AND CRIMINAL APPLICATION NO. 1405 OF 2022 IN WP/190/2016 WITH CRIMINAL APPLICATION NO. 2375 OF 2016 IN WP/1341/2015

Date of Decision: 2024-07-29