"I want nothing less than jail to my husband.". she said to Supreme Court (Story based on a reported case)

This is a story based on a reported case of Supreme Court. Names are not discussed. Words quoted are imagined by me for story purpose.

This case reminded me of Shylock story of Shakespeare where one character wanted nothing less than blood of his opponent.

In this case which I just read in Law reports, the story goes like this :

A marriage had gone haywire. Wife had filed 498A cases  alleging cruelty by husband and his family members.

Trial court acquitted family members of husband but convicted husband.

Husband appealed to District Judge.

 District judge felt that interest of justice will be met if husband is directed to pay a huge sum of money and if he pays that, his sentence will be suspended and he will not go to jail. 

However if he fails to deposit amount as directed by court, or if he commits cruelty to wife second time, then he will have go to jail.

Husband immediately deposited money as directed by District Judge.

Wife did not accept this order of District Judge. She went to High Court insisting that no forgiveness can be shown to her husband.

High Court dismissed her case with passing a detailed order.

Wife challenged this order of High Court in Supreme Court and said 

"I want nothing less than jail for my husband. I do not want any single penny from him. I just want him to be sent to jail for cruelty committed by him."

She raised a legal plea that High Court had not heard his counsel properly and no proper reasons are given by High Court for dismissing her case.

She said there was no chance of reconciliation between husband and wife.

Supreme Court directed that her case should be heard again by High Court.

Supreme Court expressed no opinion about merits of her case.

My reflections : 

After recording conviction of husband, every judge has to hear husband on how much jail should be given to him. After hearing him, it only for the Judges to decide what punishment should be given. It is within power of a  judge only.

The private party, either husband or wife cannot insist as a matter of right that certain punishment must be given.

The reading of this case made me sad.

Perhaps I have too much compassion in me. Perhaps I may not have yet seen extent of cruelty which  a women may be facing. 

Anyway... This is just a story based on reported case.

Let me know whether I should further write such imaginary stories based on reportrd cases.

Haresh Raichura
10/8/16