To get money or compensation from the harasser, you can file an application 1 with the Court asking for monetary relief with the help of a lawyer or a Protection Officer. The Court will pass an order to compensate you and your child/children for all the losses and injuries you have suffered as a result of the violence and abuse. You may get the money either on a monthly basis or as a lump sum as decided by the Court. The amount of money you can get will be determined by the Court keeping in mind the standard of living you are used to 2. Among other things, the harasser may be asked to pay you money for:
- Your lost income. For example, loss of earning in situations where you were not allowed to work or if you did not receive a salary because you were in the hospital for a month because of violence.
- Physical injuries and medical expenses. For example, hospital bills and money for medicines.
- Loss due to damage to your property or property being taken away. For example, your jewelry or land that you owned. The Court may ask the harasser to return such valuable items back to you3
- Upkeep for your life. For example, paying rent for the house, living expenses for your child and yourself, etc.
- Mental torture and emotional distress. For any distress caused to you which has affected your work or your life.4
Laws you can use
There are two laws under which you can ask the Court to make the harasser pay money to you – domestic violence law (Section 20/22) and criminal law (Section 125, CrPc). You can ask your lawyer to claim monetary relief using both laws 5.
In case of failure of payment
If your harasser does not give you the money, as ordered by the Court, you should inform the Court with the help of a lawyer. The Court will then ask:
- The harasser’s employer/boss to pay the amount to the Court and deduct it from his salary.
- Any other person6 who owes the harasser money to pay the amount to the court which will then be given to you.
- Section 20, The Protection of Women from Domestic Violence Act, 2005; Section 125, The Code Of Criminal Procedure,1973.
- Sunil Singh v. Smt Neetu Singh 2011 SCC OnLine Del 5506
- Section 19, The Protection of Women from Domestic Violence Act, 2005
- Section 22, The Protection of Women from Domestic Violence Act, 2005.
- Prakash Babulal Dangi vs The State of Maharashtra & Anr.Petition for Special Leave to Appeal(Crl.) Nos.10280-10281/2017
- Section 20(6), The Protection of Women from Domestic Violence Act, 2005