Showing posts with label physical abuse. Show all posts
Showing posts with label physical abuse. Show all posts

Saturday, 25 May 2024

Whether the court should disbelieve the fact that physical abuse was caused to wife if she fails to produce medical certificate or police report in support of it?

Insofar as the amount towards compensation fixed at Rs. 50,000/- is concerned, this Court is not impressed by the contention raised on behalf of the husband that since the wife did not place on record any material to show any physical abuse or proof of having filed any police complaint, she did not deserve to be paid any compensation. In cases of domestic violence, it is often found that the aggrieved person, in this case the wife, does not immediately rush to the police when inflicted with physical, mental and physiological and economic abuse. Even if such persons suffer injuries, they would not necessarily keep medical records of the same and it cannot be said that only because no medical documents were produced, the wife in the present case, was not entitled for compensation. {Para 22}

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Writ Petition Nos. 372 of 2019, 707 of 2018 and 718 of 2018

Decided On: 27.07.2021

Aruna and Ors. Vs. Omprakash and Ors.

Hon'ble Judges/Coram:

Manish Pitale, J.

Citation: MANU/MH/1853/2021

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