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Dinesh Jetwani vs Smt Jyoti Jetwani on 20 January, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No.1668/2017

Dinesh Jetwani S/o Late Shri Jairamdas Jetwani, By Caste
Sindhi, R/o Opposite Rajesh Talkiz, Bazar No.3, Ramganjmandi,
District Kota.
—-Appellant
Versus
Smt. Jyoti Jetwani W/o Dinesh Jetwani D/o Nandlal Bhagwani, By
Caste Sindhi, R/o 61, Shopping Center, Kota.
—-Respondent

For Appellant(s) : Smt. Archana Mantri
For Respondent(s) : Shri Manish Kumar Saini on behalf of
Dr. Mahesh Sharma

HON’BLE MRS. JUSTICE SABINA
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

20/01/2020
BY THE COURT : (PER HON’BLE DHADDHA,J.)

This appeal has been preferred by appellant Dinesh

Jethwani against the order of the learned Family Court No.2, Kota

(Raj.) passed on 20.01.2017 whereby the learned Family Court

rejected the Hindu Matrimonial Case No.122/2016 filed u/s 13 of

the Hindu Marriage Act, 1955 (for short “the Act”).

Brief facts giving rise to this appeal are that the

marriage of the appellant was solemnized with respondent on

21.11.1996 as per Hindu rites and customs at Porwala

Dharmshala Ramganjmandi, District Kota. The respondent wife

changed her behaviour after one year and used to quarrel with the

appellant on petty matters. She used to go to her parental house

without any information and did not inform her husband even

after 2-3 days. She used to spend all her day lying on bed. Due

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to this, the appellant remained under stress. As the children were

growing up, the demands of the respondent and her stubborn

behaviour, started increasing and also she learnt black magic from

her mother and used it on the appellant as well as children. Some

times, the respondent also used to beat the appellant very cruelly.

The respondent also used to pressurize the appellant that if he

would not surrender the documents of the house situated in Balaji

Nagar, Kota, she would leave the appellant’s house and would go

to her parental house. On 26.05.2012, the respondent, in the

absence of the appellant and without his permission, left the

house and went to her parental house along with the children.

The respondent had deprived the appellant of marital happiness.

Inspite of all this, the appellant had gone to the respondent’s

parental house to bring her back but the respondent had clearly

declined to accompany him. The respondent insulted the

appellant physically as well as mentally by fling false case against

him. Therefore, the appellant’s application be accepted and

decree for dissolution of marriage be passed.

In reply, the respondent had denied the allegations

levelled by the appellant and stated that the respondent never

went to her parental house of her own will. The appellant

demanded dowry and tortured the respondent both mentally and

physically and threw the respondent and the kids out of the

house. The appellant always looked at the respondent with doubt.

The appellant was not paying the interim maintenance of

Rs.3,000/- that was decided by the Family Court. Inspite of the

appellant’s daughter suffering from a disease in her neck, the

appellant did not get her treated and used to beat her. The

respondent had never denied from staying with the appellant but

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the appellant himself never came to take the respondent and the

children. The appellant, on account of his ill behaviour and evil

intention wanted to leave the respondent, which was not justified.

Therefore, on the basis of aforementioned reasons, the application

was required to be dismissed.

From the pleadings, the learned Family Court framed

issues :

“(1) Whether the behaviour of respondent wife
with appellant was cruel ?

(2) Whether the respondent – wife had without any
reasonable cause, deserted the petitioner husband
continuously for more than two years ?

(3) Whether the appellant was entitled to get
decree of divorce from the respondent?

(3) Relief ?”

The appellant examined himself as AW-1, Madan Lal –

AW-2 and Rajendra Kumar as AW-3 and exhibited 5 documents in

his support.

The respondent examined herself as NAW-1,

Sambhawana- NAW-2 and Nandlal – NAW-3 and exhibited 8

documents in her support.

After hearing the learned counsel for the parties, the

learned Family Court decided all the Issues in favour of the

respondent and against the appellant and rejected the divorce

petition filed by the appellant husband.

Learned counsel for the appellant submitted that the

impugned judgment and decree dated 20.01.2017 are ex-facie

illegal, arbitrary and bad in the eye of law. She submitted that the

learned Family Court had committed an error in not considering

the fact that after marriage, initially for 15 years, both of them

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had been enjoying and obeying their matrimonial obligations. She

submitted that in case the appellant husband was cruel, the

respondent wife would have left the matrimonial house.

Learned counsel for the appellant further submitted

that the respondent wife had become cruel towards the appellant

as it was clear from the FIR which was lodged by the respondent

wife for offence punishable u/s 498-A and 406 IPC and after

investigation, police submitted final negative report. She

submitted that the learned Family Court had not considered the

fact that the appellant was fulfilling his duties / obligations

towards his wife and children. She submitted that the appellant

had imparted good education to his children by admitting them in

a reputed school of Kota by paying necessary fees.

Learned counsel for the appellant further submitted

that the learned Family Court had committed an error in not

considering the fact that daughter of the appellant was suffering

from neck disease as she was examined by the specialist of the

Kota and all expenses were incurred by the appellant. Therefore

the appeal be allowed and marriage of the parties be dissolved.

Learned counsel for the respondent submitted that the

learned Family Court had passed the order in its right perspective

and had not committed any error. Therefore, the appeal be

dismissed.

We have given our thoughtful consideration to the

arguments advanced by both the parties and perused the

impugned order and the material available on record.

Learned trial court while deciding the issue regarding

cruelty against the appellant observed that the appellant husband

had not uttered single word in this regard while appearing in the

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witness box. The appellant in his statement stated that behaviour

of his wife towards him, was good. Witnesses – Madan Lal and

Rajendra, in their statement stated that the relations between the

parties were cordial. The respondent in her statement clearly

stated that the appellant used to beat her after consuming liquor.

He had tried to burn her. He also used to bully his children.

Appellant’s daughter Sambhawna in her statement clearly stated

that the appellant used to beat her mother after consuming liquor.

Respondent’s father Nandlal also stated that his daughter was

beaten by the appellant and he had not taken care of his daughter.

Learned trial Court in its order clearly observed that the

appellant tried to burn the respondent and he did not want the

children to study and he had thrown out respondent from his

house and after that, she was residing separately. Therefore, the

learned trial court had not committed any error in deciding both

the issues against the appellant.

41 We are of the considered opinion that the learned

Family Court had not committed any error in dismissing the

divorce petition filed by the appellant. Therefore, we are

persuaded to reject the appeal and accordingly, it is dismissed.

(NARENDRA SINGH DHADDHA),J (SABINA),J

RAJ KUMAR CHAUHAN /17/M47

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