Kolkata:The Calcutta High Court has directed a man to pay Rs 1 lakh as compensation to his wife for causing distress and mental agony and said determination of “compensation should not be outcome of guesses”.
“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,” Justice Madhumati Mitra said.
The court was hearing a petition filed be a woman seeking compensation under the Protection of Women from Domestic Violence Act.
She told the High Court Bench that a magistrate at Suri in the Birbhum district had directed her husband to pay Rs 4,000 per month to her as a house rent and Rs 3,00,000 as compensation. But the sessions judge overturned the decision.
The Calcutta High Court in its order observed that compensation for mental or physical shock, pain, suffering, frustration and mental stress could be given if there was sufficient evidence on record.
The court observed the woman had suffered pain and mental agony due to her husband’s conduct.
They had got married in 2001 and had two children. Until November 2010 they lived together. Now she is living with her children separately.