husband can be directed to pay compensation for matrimonial offence
The compensation for his s*xual aberration and breaking up of the matrimonial home will instil a correctional responsibility on the man. At the same time, his acquittal, following upon the composition, will hopefully save his business, and avert the hurtful jail term. The consent to divorce by the complainant will put asunder in law the marital tie which in-fact has long ago sundered. Thus, the parties will be free to live in separate amity and form fresh alliances-lasting, not fleeting
V.R. Krishna Iyer, J.
1. The law of crimes perverts itself on occasions into the crime of law if narrow legalism overwhelms social justice. This criticism applies to the field of penology as well, and so the finer, more perceptive and sociologically relevant approach to punishment, when crime has been proved, is to take a holistic, realistic and humanistic size-up action as to promote rehabilitation without offending community conscience. Taking this stance, we responded to counsel's submission in the above appeal which relates to a conviction of the appellant for bigamy, and the result has been the composition of the offence and prayer for permission of the Court in that behalf which we accord.
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Supreme Court of India
Narotam Singh vs State Of Punjab And Anr. on 11 January, 1978
Equivalent citations: AIR 1978 SC 1542, 1978 CriLJ 1612, (1979) 81 PLR 65
Bench: J Singh, V K Iyer
JUDGMENTV.R. Krishna Iyer, J.
1. The law of crimes perverts itself on occasions into the crime of law if narrow legalism overwhelms social justice. This criticism applies to the field of penology as well, and so the finer, more perceptive and sociologically relevant approach to punishment, when crime has been proved, is to take a holistic, realistic and humanistic size-up action as to promote rehabilitation without offending community conscience. Taking this stance, we responded to counsel's submission in the above appeal which relates to a conviction of the appellant for bigamy, and the result has been the composition of the offence and prayer for permission of the Court in that behalf which we accord.
https://www.lawweb.in/2012/05/husband-can-be-directed-to-pay.html
