TARA CHAND ALIAS TAROO Vs. PUNNIBAI

JUDGEMENT

(1.) The revision was admitted vide order dated 2-12-1986 on the question of sentence only.

(2.) The applicant, on a complaint by the non-applicant No.1 was convicted under section 494 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for one year and a fine of Rs. 250/- or, in default, to suffer simple imprisonment for two months.

(3.) The parties belong to the caste of Carpenter. It is admitted that a custom prevails in the said community for divorce and also for bigamy. In the present case, the applicant had allegedly divorced his first wife, non-applicant No.1 and so treating it, he went in second marriage. The Courts below have interpreted the alleged adverse turning her out from the husband's house and thereby creating a separation; but the marriage tie had not been broken. Thus, the relationship of husband and wife subsisted and it is during the subsistance of this, that the second marriage was prepared by the applicant. Considering the fact that a custom prevails in the community for begamy, which is prohibited under the law and other attending circumstances, I deem it proper to modify the sentence of the applicant. The applicant has already served out sentence for a period of fifteen days. In lieu of the remaining sentence, I impose a fine of Rs. 1,000/- or, in default. to suffer rigorous imprisonment for six months. In the event of realisation of the fine amount, the same shall be paid to the non applicant No.1 by way of compensation. This will be in addition to what has already been awarded to her by the learned appeal Court. It may also be observed here that whatever compensation has been awarded to non-applicant No.1 shall not be taken into account in the proceedings for maintenance filed by non-applicant No. 1, which is still pending.