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Manish Ajmera vs Smt. Mahima on 4 May, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 227 / 2016
Manish Ajmera S/o Shri Satya Prakashji Ajmera Aged about 30
years, Resident of 7-F-2, Chandra Shekhar Azad Nagar, Bhilwara
(Raj.).

—-Appellant
Versus
Smt. Mahima W/o Manish Ajmera D/o Shri Anil Nuwal Aged about
27 years, R/o 7-F-2, Chandra Shekhar Azad Nagar, Bhilwara (Raj.)
At present 4-F-46 New Housing Board, Shastri Nagar, Bhilwara
(Raj.).

—-Respondent
__
For Appellant(s) : Mr.A.P.Singh
For Respondent(s) : Mr.J.P.Kuldeep for Mr.P.N.Mohanani.
__
HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
04/05/2018

1. 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 ₹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
(2 of 5)
[CMA-227/2016]

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 Affidavit of the appellant in which he has admitted his guilt of
gambling, drinking alcohol, smoking cigarette and doing no
11.9.2013 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 Affidavit of the appellant admitting that he tried to commit
suicide under the influence intoxication and for which his wife,
16.10.2013 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 Affidavit of the father of the appellant stating that quarrel and
7.3.2014 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 Report lodged in the Police Station Pratapnagar Bhilwara
20.1.2013 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
(3 of 5)
[CMA-227/2016]

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 Arrest memo of the appellant in connection with committing
offence under section 13 of RPGO
20.1.2013

Ex.9 A letter written by the appellant to the CJM in which he has
19.2.2013 voluntarily admitted his guilt.

Ex.10 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
19.2.2013 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.

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
(4 of 5)
[CMA-227/2016]

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.

(5 of 5)
[CMA-227/2016]

11. The appeal is dismissed.

(VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ.

Parmar

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