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2018 Supreme(Raj) 2154
IN THE HIGH COURT OF RAJASTHAN
Mr. Pradeep Nandrajog and Mr. Vinit Kumar Mathur, JJ.
Manish Ajmera - Appellant
Versus
Smt. Mahima - Respondent
Civil Misc. Appeal No. 227 of 2016
Decided On : 04-05-2018
Mr. A.P. Singh, Adv., for the Appellant; Mr. J.P. Kuldeep for Mr. P.N. Mohanani, Advs., for the Respondent
Headnote:
Indian Penal code, 1860 - Sections 450, 323, 324, 326, 307 - Arms Act - Sections 4/25 and 3/25 - Family Dispute - Divorce petition - Marriage Registration Certificate - Respondent seeking divorce pleading that marriage between the parties was solemnized as per Hindu customs on 7th March, 2011 - Before marriage her parents gave Rs. 5 lacs to the brother and father of the appellant - Attitude of appellant towards her was not as was expected of a husband - He was quarrelsome - He used to drink and was a gambler - 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 - Held, 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 - Apart, the writings by the appellant and his father seeking forgiveness and assurance to respondents established that appellant was wayward in his habits - He was a drunkard and a gambler - Court have no reason to disbelieve respondents testimony that under influence of alcohol appellant used to ill-treat her - Impugned judgment has correctly analyzed and appreciated documentary and oral evidence led - Appeal is dismissed.
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. 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 |
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| 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 appe |
