The judgment establishes the application of the Protection of Women from Domestic Violence Act, 2005, in determining compensation and maintenance in cases of domestic violence.

1. The brief history of the case are as follows:-

The respondent herein / complainant / wife has filed a case in C.C.No.4628 of 2009, on the file of II Metropolitan Magistrate, Egmore, Chennai-8, against the revision petitioner / husband under Section 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005, stating that her husband had treated her cruelly and physically tortured her. Hence, she has claimed Rs.1,00,000/- for medical expenses and Rs.5,00,000/- towards compensation and Rs.10,00,000/- for loss of income and Rs.15,000/- towards monthly maintenance to her.

2. The husband has filed a counter stating that O.P.No.3539 of 2009, was filed by the complainant/wife and it is pending. Further, he had undergone heart surgery one year ago and is also continuing to take medical treatment. From the date of marriage, no complaint has been made by his wife against him. In order to grab money, the said complaint has been filed by her. The complainant/wife is running a beauty parlour and earning sufficient income. The respondent/husband further stated that he had availed bank loan for constructing the house and he did not demand any dowry or caused sexual harassment against the complainant.

3. On considering the averments of both parties, the learned Magistrate had framed an issue, viz.

"Whether the husband had harassed the wife mentally and physically as per Section 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005?"

4. P.W.1 had adduced evidence that she worked as a beautician and also worked in transcription training centre run by her husband. She further stated that at the time of her marriage in the year 1988, her husband was aged 29 years and she was aged 16 years. No children were born to them through wedlock. She was made to undergo 'D' and 'C' operation but actually her husband was impotent and she came to know about this after two years of marriage. Subsequently, her husband had started treating her cruelly, both mentally and physically by using abusive words and beating her with equipments and also started doubting her character. He also removed her clothes in public and did not permit anyone to come to the house. Further, her husband removed the brake wire of her two wheeler and tried to kill her. Further, her husband's nephew attempted to set her ablaze by pouring kerosene on her and throwing the matchstick after lighting it up. She further stated that she is surviving through her parents income.

Further, she stated that her husband demanded a dowry of Rs.1,00,000/- but she was unable to meet the demand. Her husband and associates threatened to murder her.

5. She further stated that in the year 1993, her husband had smashed her jaw with his fist and as a result 4 of her teeth in her upper jaw had been broken. After two years, her husband had again smashed his fist in her lower jaw due to which,two of her teeth had been broken. Now, artificial teeth had been fixed on 21.11.2008. Further, she was beaten by her husband all over her body, viz., neck, eye, nose and she was kept in a dark room under lock and key. She had received loan of a sum of Rs.10,00,000/-from Dena bank and started beauty parlour at Purusaiwalkam and another at Aynavaram. The income derived through the beauty parlour was taken by her husband. She further stated that at the matrimonial house, she is living in the front portion and her husband is living on the back portion of the house. One portion of the house was let out to travels and the drivers used to knock at the window and would abuse her and it was done by the drivers on the instigation of her husband.

6. In order to support her evidence, she had marked 14 documents, viz., marriage invitation, marriage photo, family card, undertaking letter given by her husband, complaint lodged before the W-6 Police Station, dated 26.03.2009, medical bill (series), Jewels mortgage receipts, bank loan sanction order, another bank loan sancti