1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Revision Application No.650 of 2009 In Criminal Appeal No.231 of 2009 Mohammed Danish Shaikh .. .. Applicant v/s. Zareen D/o. Zahiruddin Delhiwala (Alias Zareen Danish Shaikh) & anr. .. Respondents WITH Criminal Revision Application No.651 of 2009 In Criminal Appeal No.231 of 2009 Mohammed Atique Shaikh & 3 ors. .. .. Applicant v/s. Zareen D/o. Zahiruddin Delhiwala (Alias Zareen Danish Shaikh) & anr. .. Respondents Mr.Khan Abdul Wahab for Applicants. Mrs.Seema S. Singh for Respondents. Mr.S.R. Shinde, APP for State. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 11th November 2009 P.C. : 1.Both the Revision Applications challenge the order of the learned Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai, dated 14th September 2009 in Criminal Case No.85/N/2009 and the order of the learned Sessions Judge dated 15.10.2009 in Criminal Appeal No. 2 231 of 2009. Respondent No.1-wife filed an Application under Section 22 of the Domestic Violence Act for an order of compensation. The compensation was claimed for a specific act of domestic violence. Respondent No.1 s case was that she was physically violated upon on 19th and 20th June 2006. Respondent No.1 is present in Court. She states to Court that she was beaten black and blue, with the result that her tooth came to be injured and she had a swelling on her face. Her head was banged against the wall by the Applicant-Mohammed Danish Shaikh, her husband. 2.The learned Metropolitan Magistrate directed Respondent No.1-wife to appear before the Protection Officer, pending the criminal case. She has produced the proceedings and the report of the Protection Officer, which also mentions about the physical violence upon her. Respondent No.1 claimed a compensation of Rs.50 Lakhs for the injuries sustained by her. The learned Metropolitan Magistrate has considered the disputes between the parties, which resulted in breakage of their marriage as also the Application for damages towards mental torture, emotional distress and acts of domestic violence. The learned Metropolitan Magistrate has directed to pay compensation of Rs.10,000/- per month to the Applicants from the date of the Application until the decision of the main Petition. 3 This was an interim order. The order is not of maintenance per se. The Application for maintenance has to be separately made either under the Domestic Violence Act or under Section 25 of the Criminal Procedure Code. This Application is essentially for compensation. It must, therefore, compensate the victim for the injuries caused to her. The injuries in this case are physical injuries. These injuries are shown in the medical report of JJ Hospital upon history of assault by the husband. The report shows the complaint made of pain and swelling. The Doctor s finding is frontal swelling upon assault by unknown persons. The Doctor has seen old burn mark over the left thigh. However, that was not the complaint at the time of the medical examination. The compliant was of frontal swelling. This, prima facie, substantiates the case of Respondent No.1 of physical violence, resulting in injury of her teeth and swelling on her face. 3.Such acts of physical violence on the part of the husband are deplorable. A specific legislative provision is, therefore, made for compensation. The victim is, therefore, required to be compensated. 4.The learned Advocate on behalf of the Applicants has contended that compensation cannot be ordered to be paid per month throughout the pendency of the Petition. 4 That submission is correct. However, that submission can be accepted upon a footing that compensation has to be a lump sum compensation, as argued by him. The Applicants shall pay a lump sum amount of Rs.1 Lakh to Respondent No.1 for the domestic violence caused to her, pending the Criminal Appeal for setting aside the impugned orders. The stay of the order of the learned Magistrate, prayed for by the Applicants, can be granted only upon the aforesaid deposit. If the amount is deposited, no further amount shall be payable, pending the Petition before the learned Magistrate. 5.The learned Magistrate shall dispose of the Criminal Complaint before him in accordance with law and without being influenced by this order. 6.It is clarified that the lump sum compensation, that is ordered to be paid, shall be a compensation in both the Revision Applications, payable by any of the Applicants. 7.On the application of the Advocate for the Applicants, both the Revision Applications are disposed of in terms of the above order. (SMT.ROSHAN DALVI, J.)