Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide
Damages Remedy
Compensation Order
JMFC / Mahila Court
Act 2005
Section 22 of Domestic Violence Act, 2005: Compensation orders
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.
Legal Commentary & Landmark Judgments: Section 22
Section 22 authorizes the Magistrate to pass Compensation Orders directing the respondent to pay damages for the mental torture, emotional distress, and physical injuries caused by domestic violence.
Tortious Compensation Remedy: In addition to other reliefs, the Magistrate may direct the respondent to pay compensation and damages for injuries, including mental torture and emotional distress.
Quantum Assessment: Damages are calculated based on the severity of physical assault, duration of emotional trauma, medical costs incurred, and social status of the parties.
Cumulative Relief: Operates independently of and in addition to monthly monetary maintenance awarded under Section 20.
Section 22 recognizes the psychological impact of domestic abuse, authorizing substantial compensatory damages for emotional distress and physical injury.
Key Landmark Precedents:
Rajnesh v. Neha (2020) 10 SCC 703: Affirmed that compensation orders under Section 22 represent tortious damages for mental cruelty and trauma, distinct from routine monthly maintenance.
Prabha Tyagi v. Kamlesh Devi (2022) 5 SCC 801: Confirmed that compensation for emotional distress can be awarded alongside residence and protection orders.
Legal Commentary:
Section 22 introduces common-law tortious damages for emotional and physical battery directly into the summary jurisdiction of the Magistrate. Litigants are spared from filing separate, heavily court-fee-laden civil suits for damages, enabling victims to claim lump-sum monetary restitution for years of domestic humiliation.
Legal Commentary & Landmark Judgments: Section 22
Section 22 authorizes the Magistrate to pass Compensation Orders directing the respondent to pay damages for the mental torture, emotional distress, and physical injuries caused by domestic violence.
Section 22 recognizes the psychological impact of domestic abuse, authorizing substantial compensatory damages for emotional distress and physical injury.
Section 22 introduces common-law tortious damages for emotional and physical battery directly into the summary jurisdiction of the Magistrate. Litigants are spared from filing separate, heavily court-fee-laden civil suits for damages, enabling victims to claim lump-sum monetary restitution for years of domestic humiliation.