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2018 DIGILAW 1173 (RAJ)

Manish Ajmera v. Mahima

2018-05-04

PRADEEP NANDRAJOG, VINIT KUMAR MATHUR

body2018
JUDGMENT Vinit Kumar Mathur, J. - The respondent filed a petition seeking divorce pleading that the marriage between the parties was solemnized as per Hindu customs on 7th March, 2011. Before the marriage her parents gave Rs. 5 lacs to the brother and father of the appellant. Attitude of the appellant towards her was not as was expected of a husband. He was quarrelsome. He used to drink and was a gambler. A daughter Radhika was born to the couple on 1.10.2012. Attitude of the appellant continued to remain wayward. His habit to drink excessively was not left by him. He continued to gamble. He was unconcerned for his wife and the daughter. On 15.7.2014 when she was in the house of her parents he assaulted her father, mother, brother and herself using a knife for which an FIR was registered against him. That inspite of giving undertaking the appellant did not mend his ways. 2. In the written statement filed the appellant denied the assertions made against him. 3. Needless to say the central issue for adjudication was whether the appellant had treated the respondent with cruelty. 4. The respondent besides examining herself as AW1 examined her mother as AW2. 5. The appellant examined himself as NAW1, his brother Umesh as NAW2 and his uncle Kedarmal as NAW3. 6. Nothing more turns on the testimony of the witnesses as regards the rival versions pleaded by the couple save and except to note the 21 documents exhibited by the respondent. We have tabulated the 21 documents. Summarized, they read as under:- Ex.1 11.9.2013 Affidavit of the appellant in which he has admitted his guilt of gambling, drinking alcohol, smoking cigarette and doing no job. He also admitted his mistake of neglecting his wife and daughter and beating his wife. He assured not to repeat such activities. Ex.2 16.10.2013 Affidavit of the appellant admitting that he tried to commit suicide under the influence intoxication and for which his wife, father-in-law and mother-in-law were not responsible. He assured not to repeat the incidents of gambling, betting, drinking alcohol, smoking, beating etc. Ex.3 FIR No.64 dated 27.2.2014 for the offence under Section 498A/406 IPC lodged by the respondent against the appellant. Ex.4 7.3.2014 Affidavit of the father of the appellant stating that quarrel and disputes arose between the appellant and respondent and for that his son-appellant was responsible. Ex.3 FIR No.64 dated 27.2.2014 for the offence under Section 498A/406 IPC lodged by the respondent against the appellant. Ex.4 7.3.2014 Affidavit of the father of the appellant stating that quarrel and disputes arose between the appellant and respondent and for that his son-appellant was responsible. The conduct and behaviour of the respondent was good and there was no mistake on her part. Ex.5 20.1.2013 Report lodged in the Police Station Pratapnagar Bhilwara against the appellant for gambling and betting. Ex.6 FIR No.57 dated 20.1.2013 for offence under Section 13 of the THE RAJASTHAN PUBLIC GAMBLING ORDINANCE, 1949 registered against the appellant on the basis of Ex.5 for gambling and playing Tas Pati. Ex.7 Challan dated 29.1.2013 filed against appellant in the Court of CJM, Bhilwara for committing offence under Section 13 of RPGO Ex.8 20.1.2013 Arrest memo of the appellant in connection with committing offence under section 13 of RPGO Ex.9 19.2.2013 A letter written by the appellant to the CJM in which he has voluntarily admitted his guilt. Ex.10 19.2.2013 Order of the CJM dated 19.2.2013 by which appellant was held guilty for the offence u/Section 13 of RPGO and he was sentenced with fine of Rs.200/- and in default of payment of fine to undergo 3 days SI. Ex. 11 FIR No.337 dated 15.7.2014 for the offence under sections 450/323/324/307 IPC and 3/25, 4/25 Arms Act lodged by Jai Kumar, brother of the respondent against the appellant in respect of incident of beating which took place on 15.7.2014 in which respondent and his brother, father and mother received injuries. Ex.12 Injury report dated 15.7.2014 (7.10 PM) of Jai Kumar, brother of respondent. It shows that he received one stab wound. Ex.13 Injury report dated 15.7.2014 (7.45 PM) of respondent- Mahima. It shows that she received one stab wound. Ex.14 Injury report dated 15.7.2014 (7.00 PM) of Anil, father of respondent. It shows that he received five stab wounds. Ex.15 Injury report dated 15.7.2014 (7.20 PM) of Manju, mother of respondent. It shows that she received four stab wounds. Ex.16 X-ray report dated 15.7.2014 of Jai Kumar, brother of respondent. It shows no fracture and no bone injury. Ex.17 X-ray report dated 15.7.2014 of Manju, mother of respondent. Ex.18 X-ray report dated 15.7.2014 of respondent. It shows that no fracture found. It shows that she received four stab wounds. Ex.16 X-ray report dated 15.7.2014 of Jai Kumar, brother of respondent. It shows no fracture and no bone injury. Ex.17 X-ray report dated 15.7.2014 of Manju, mother of respondent. Ex.18 X-ray report dated 15.7.2014 of respondent. It shows that no fracture found. Ex.19 Charge-sheet No.396/14 dated 12.9.2014 filed against the appellant for offences under sections 450, 323, 324, 326, 307 IPC and 4/25 and 3/25 Arms Act. Ex.20. Injury report dated 24.8.2013 of appellant when he tried to commit suicide. It shows injury over neck. Ex.21 Marriage Registration Certificate dated 17.11.2011 issued by the Marriage Registration Officer (Commissioner) Municipal Council, Bhilwara. It shows marriage between the couple was solemnized on 7.3.2011. 7. To a reader of the brief contents of the 21 exhibited documents it would immediately strike that the respondent has established that the appellant admitted in writing that he would give up his habit of drinking and gambling. The exhibits show that for offence of gambling the appellant was booked, charge-sheeted and he pleaded guilty. What is extremely relevant is FIR No.337 dated 15.7.2014 lodged by Jai Kumar, brother of the respondent when the appellant, as pleaded by the respondent in her petition, assaulted her father, mother, brother and herself using a knife. 8. Exhibits 12 to 15 show that the respondent, her brother and her parents were inflicted injuries with a sharp edged weapon. The father and mother of respondent received 5 and 4 stab wounds respectively. The respondent and her brother received one stab wound. 9. Now, if a husband picks up a knife and indiscriminately started yielding the knife, injuring his wife, her parents and brother who intervene to save her, that itself would constitute cruelty of the kind justifying the matrimonial bond to be snapped. 10. That apart, the writings by the appellant and his father seeking forgiveness and assurance to the respondents established that the appellant was wayward in his habits. He was a drunkard and a gambler. We have no reason to disbelieve the respondent's testimony that under influence of alcohol the appellant used to ill-treat her. The impugned judgment has correctly analyzed and appreciated the documentary and oral evidence led. 11. The appeal is dismissed.