JKB v. KSB, 2025
The Enhanced compensation and maintenance awarded to victim of 20 years of domestic violence, recognizing husband's substantial wealth and wife's right to standard of living.
Judgement Details
Court
Sessions Court, Mumbai
Date of Decision
7 June 2025
Judges
Additional Sessions Judge Sameer Ansari
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The couple was married on December 12, 1997, and lived together until November 2016.
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The wife filed a complaint under the Domestic Violence Act alleging over 20 years of physical, mental, emotional, and economic abuse by her husband and his parents.
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She alleged constant humiliation, financial deprivation, assaults, and psychological torture, and was also estranged from her sons.
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The Magistrate Court had awarded ₹5 lakhs as compensation and ₹1 lakh/month as maintenance.
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Both parties appealed—the wife sought enhancement; the husband challenged the amounts.
Issues
- Whether the ₹5 lakh compensation awarded by the Magistrate was adequate given the extent of domestic violence.
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Whether the wife and minor daughter were entitled to higher monthly maintenance.
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Whether economic capacity and standard of living of the husband justified increased monetary relief.
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Whether the wife’s earning potential barred her claim for maintenance.
Held
- The Court held that the wife and daughter are entitled to a compensation of ₹1 crore and monthly maintenance of ₹1.5 lakhs, reflecting their right to enjoy the same standard of living as maintained by the financially affluent husband.
Analysis
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The Court reinforced that compensation under Section 22 of DV Act must be meaningful and proportional to the extent of abuse and the economic status of the parties.
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It rejected the notion that a woman must recall exact dates of domestic violence, recognizing the private nature of such abuse.
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The Court emphasized that capacity to earn does not disqualify a victim of domestic violence from claiming maintenance.
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The ruling advances gender justice and financial empowerment for survivors, ensuring relief is not merely symbolic.