A man has been ordered to pay a compensation of Rs 50,000 and monthly maintenance of Rs 4,000 to his estranged wife and minor son by a Delhi court which also restrained him from committing domestic violence upon the woman or contacting her.
The court, while granting protection to the woman, noted that there were previous incidents of physical assault by the man and observed that there was likelihood of commission of domestic violence upon her in the future too.
"In the given facts and circumstances, the court is of the view that there is likelihood of commission of domestic violence upon the complainant even in future. Accordingly, protection order in favour of complainants is granted.
"The respondent (man) is restrained from committing any further act of domestic violence upon the complainant and her relatives, who have given shelter to her. The respondent is further restrained from attempting to communicate with the complainant in any manner whatsoever," Metropolitan Magistrate Mona Tardi Kerketta said.
It awarded Rs 4,000 maintenance per month to the woman and her infant son living with her.
The court ordered the man, a resident of north east Delhi, to pay Rs 50,000 compensation to his estranged spouse, for the injuries including mental torture and emotional distress caused by him.
The court passed the order on a complaint filed by the woman against her husband under the Domestic Violence Act.
The woman alleged in her petition that despite the money and gifts given during the wedding in 2011, her husband and in-laws tortured her for dowry.
She had filed the complaint in February last year over the alleged harassment by her husband and in-laws for demanding more dowry but the court had only summoned the man in the case. She also said she had earlier filed a complaint against her husband and in-laws with Crime Against Women (CAW) cell, but later withdrew it under her parents' influence.
The man did not turn up to advance his arguments and the court proceeded to decide the matter on the basis of the woman's submissions and materials available on record.
Regarding the woman's plea seeking custody of her minor daughter, who was living with the man, the court said it was not empowered to grant permanent custody of any child to the aggrieved person but may grant temporary custody only.
It, however, said the woman has not requested for temporary custody of her daughter and granted her visitation right.
