Determination of compensation has to be rational and it should not be an outcome of guesses, High Court allowed wife Rs.1,00,000 as compensation [ Date - 15-07-2019]
Justice Mitra has passed the order in the case titled as Smt. Haimanti Mal vs The State of West Bengal on 09.07.2019. Calcutta High Court has awarded Rs.1,00,000/- as compensation to the wife for the mental agony suffered due to the conduct of the husband. But, in absence of any evidence or materials on record, the grant of compensation cannot be justified. Section 22 of the Protection of Women from Domestic Violence Act, 2005 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.