Madras High court on Domestic Violence Victims for Monetary assistance

Madras high court had ruled that Victims of Domestic Violence be paid adequate monetary assistance

In a landmark ruling, the Madras High Court has said women who are victims of Domestic Violence must be paid adequate monetary assistance for food, shelter, health and education, at every stage of proceedings under the protection of women under Domestic violence act, 2005.  Justice S.Manikumar delivered a 120 page verdict to light up lives of thousands of women fighting Domestic violence cases as it provides for maintenance and compensation for almost every conceivable aspect of a married woman’s life.

Protection of Women and Children

Holding that the law envisaged exhaustive protection for the woman and child, Justice S.Manikumar said that man was legally and morally bound to provide for material assistance to a wife who has alleged domestic violence and child. Listing the circumstances in which interim monetary relief could be ordered by a magistrate. Justice Manikumar said:

“The magistrate may direct the husband to pay monetary relief to meet expenses incurred and losses suffered by the woman and her child as a result of domestic violence. Such relief may include, but not be limited to, loss of earnings, medical expenses, loss caused due to destruction, damage or removal of any property from the control of the aggrieved person and maintenance for the woman and her children, if any.”

Need not hear Husband/ exparte order is valid:

To award interim maintenance, the magistrates need not hear the husband and order could be even exparte, Justice S.Manikumar observed. “If any application prima facie discloses that the husband is committing, or has committed act of domestic violence or that there is likelihood that he may commit, the magistrate may grant an ex parte order on the basis of an affidavit by the women.”

No wait till Final Order :

Perhaps aware of the practice among the magistrates to address a woman’s concerns in the final order, Justice Manikumar said: “if contention of the man that lumpsum payment can be awarded only at the time of final disposal of the main application is accepted, then the woman who is in dire necessity to meet medical expenses for children would be put to irreparable hardship.”

Domestic Violence: Economic abuse

Economic abuse is deprivation of financial resources to which the woman is entitled under any law or custom, Justice Manikumar observed. Further, he added: “It is customary that father is morally bound to maintain his wife and child by providing basic amenities like food, shelter and clothing. He is also bound to provide health and education. Protection of Women from Domestic Violence Act, 2005, is intended to provide for effective protection of rights of women guaranteed under the constitution.”