Calcutta High Court has awarded Rs.1,00,000/- as compensation to the wife for mental agony suffered due to the conduct of the husband.

Calcutta High Court has awarded Rs.1,00,000/- as compensation to the wife for mental agony suffered due to the conduct of the husband.

A bench of Justice Mitra has passed the order in the case titled as Smt. Haimanti Mal vs The State of West Bengal on 09.07.2019.

In a domestic violence proceeding, the magistrate had allowed certain compensation to the wife but sessions judge overturned the decision where against the wife approached the High Court.

The High Court observed “Compensation is awarded for the loss or injury suffered by the person due to the act of the opposite party. Section 22 speaks about compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent”.
High Court further observed “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 cannot 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”.
High Court also observed “No doubt that the wife/petitioner has definitely suffered pain and mental agony due to the conduct of her husband”.

High Court then directed “Under the above facts and circumstances, I think that some reasonable amount can be awarded as just and proper compensation for the mental pain and agony of the wife. It is very difficult to assess the actual compensation for mental pain and agony. Considering all aspects, I think a lump sum of Rs.1,00,000/- (Rupees One Lakh) would be sufficient in this regard”.
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