The Madras High Court presided over by Justice Lakshminarayanan ruled in favour of Sindhuja setting aside the earlier order of the Family Court. The High Court directed the family welfare court to determine appropriate compensation for Sindhuja, emphasising that under Section 18 of the Domestic Violence Act, the victim’s protection must come first.

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Madras HC Sets Aside Family Court Verdict, Orders Compensation For Woman In Dowry And Divorce Case
The Madras High Court led by Justice Lakshminarayanan set aside the Family Court’s order directing compensation for Sindhuja.
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By ETV Bharat English Team

Published : 10 hours ago

1 Min Read
The Madras High Court presided over by Justice Lakshminarayanan ruled in favour of Sindhuja setting aside the earlier order of the Family Court.
Madras High Court (ETV Bharat)
Chennai: The Madras High Court presided over by Justice Lakshminarayanan ruled in favour of Sindhuja setting aside the earlier order of the Family Court. The High Court directed the family welfare court to determine appropriate compensation for Sindhuja, emphasising that under Section 18 of the Domestic Violence Act, the victim’s protection must come first.

Sindhuja is entitled to compensation under Section 19, and as per the Criminal Procedure Act, any children involved must also be compensated. The court stressed that the compensation must be sufficient to support the victim’s livelihood and that alimony cannot be denied simply because it was not explicitly requested in the divorce case.

Sindhuja and Saravanakumar were married in 2010, but later encountered conflicts, leading Sindhuja to file a police complaint against her husband. Saravanakumar responded, claiming he had received 75 pounds of gold jewellery, 11 silver items, Rs 5 lakhs in dowry, and an additional Rs 5 lakhs for a car from Sindhuja. The trial court dismissed Sindhuja’s case to recover these items from Saravanakumar, but Sindhuja appealed, arguing that Saravanakumar had not paid the Rs 5 lakhs in alimony as promised within two weeks.

The Family Court, in response to her appeal, ordered Saravanakumar to pay Rs 10,000 per month in maintenance and Rs 10,000 in litigation costs and directed that the case be resolved at a conciliation centre. Saravanakumar was also instructed to return gold jewellery, silver items, iron and brass utensils and household articles to Sindhuja.

However, Sindhuja further appealed to the High Court, arguing for compensation because Saravanakumar had filed for divorce based on false information. The High Court, acknowledging her claims, overturned the Family Court’s earlier decision and mandated the determination of appropriate compensation for her.

Read more: ED Can Attach Legal Domestic Assets Against Criminal Properties Held Abroad: Madras HC

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