The Madras High Court today said depriving an aggrieved woman of any economic or financial resources to which she is entitled to under any law or custom would attract the Domestic Violence Act and interim compensation can be ordered by a trial court at any of the stage of the trial of a case.
"Under Domestic Violence Act (DVA), as per Explanation No 4 to Section 3(1), monetary relief defined in the section 2(k) of Protection of Women from DVA means the compensation which the magistrate may order to pay to the aggrieved person at any stage of hearing of an application seeking relief under the Act for meeting expenses incurred and also the losses suffered by the aggrieved person as a result of Domestic Violence", Justice S Manikumar said.
He disposed a criminal revision petition filed by one Jagadeesan praying to set aside the order of the Additional District and Sessions Judge, Coimbatore, asking him to pay 50 per cent of the Rs 5,00,000 towards capitation of his son to get admission in an engineering college besides another Rs 50,000 for educational expenses.
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Jagadeesan's wife had filed a case against him in a family dispute court under DVA, which is pending trial before the Judicial Magistrate I of Coimbatore.
"Economic abuse means deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom. It is customary that a father is morally bound to maintain his child and wife."
"Protection of Women From Domestic Violence Act, 2005 is intended to provide for more effective protection of the rights of women guaranteed under the Constitution", the judge said.
The judge rejected the contention of the petitioner's counsel that the monetary relief ought not to have ordered by the trial court.
"Taking note of the fact that civil law does not address the aspect of domestic violence against a woman, the Protection of Women from Domestic Violence Act, 2005, has been enacted with an aim to protect and to ameliorate further domestic violence and to ensure the constitutional rights, under Articles 14, 15 and 21 of the Constitution of India" the judge said.
The Judge directed Jagadeesan to pay the college fees for third and fourth years, which amounts to Rs 2,11,200, in two installments within 10 days from the date of the receipt of today's order and the second one after a month of first installment payment.
The Judge also directed the college not to disturb the studies of Jagadeesan's son.
