HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
D.B. Civil Misc. Appeal No. 1599/2016
Smt. Shanti Maru W/o Shri Vishal Maru D/o Shri Heera Lal Tirgar
(Sargara) age 32, resident of Bori, Tehsil Garhi District
Vishal Maru S/o Shri Laxman Maru, by caste Sargara, resident of
For Appellant(s) : Mr.Parikshit Nayak
For Respondent(s) : Mr.Ram Singh Rawal
HON’BLE THE CHIEF JUSTICE MR.PRADEEP NANDRAJOG
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
1. Heard learned counsel for the parties. Trial Court record has
2. Vide judgment dated 31.5.2016, the petition filed by the
respondent has been allowed granting decree of divorce to the
respondent on two counts. Proof of cruelty. Desertion for over two
years preceding filing of the petition without any justifiable cause.
3. Marriage between the parties was solemnized as per Hindu
customs on 23.11.2010. No child has been born to the couple.
4. As per the respondent attitude of the appellant in the
matrimonial house was normal for a period of one month. But
after that she started quarrelling with his parents. She fought with
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him and his family members in December, 2011. Her parents were
informed. Her father came to the matrimonial house and the
appellant left the matrimonial house in the company of her father.
When the respondent contacted the appellant she said that she
would live with him if he took up separate residence. He was thus
forced to take separate residence on rent. She fought with him in
the said rented house and left him on 24.6.2012. He filed a
petition on 14.9.2012 seeking restitution of conjugal rights. The
appellant could not be served. He therefore withdrew the petition
because he learnt that on 23.9.2012 she had lodged a complaint
pursuant whereof FIR for offences punishable under Sections
498A, 323, 504 IPC was registered.
5. We note that the petition seeking divorce was filed by the
respondent in July, 2014.
6. The appellant denied the assertions made against her in the
petition seeking divorce filed by the respondent. She pleaded that
she was constantly harassed for dowry and was beaten in the
month of May, 2011 due to which she suffered a miscarriage on
5.5.2011. She pleaded that since her in-laws would always trouble
her and threw her out of the house her husband i.e. respondent
was constraint to take a house on rent but in said rented house
her husband did not even give food to her. She pleaded that the
respondent was prone to alcohol and whatever he would earn
would be spent on liquor. He would not pay the rent on time. For
days he would be missing from the house. She pleaded that she
was forced to move to her parents’ house because the landlord
compelled the respondent to vacate the rented accommodation on
account of rent not being paid.
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7. On the pleadings of the parties two issues were settled. The
first was whether the appellant committed acts of cruelty against
the respondent and the second whether the appellant withdrew
from the consortium for a period of two years preceding filing of
the petition without any sufficient cause.
8. Record shows that the respondent examined himself as AW1,
his mother Vidhya Devi as AW2, his brother Shelja as AW3 and
one Uma Sharma as AW4. He proved 15 documents as Ex.1 to
9. The appellant examined herself as NAW1, her sister Kokila as
NAW2 and her mother Narbada as NAW3.
10. The testimony of the respondent and his witnesses, and in
particular concerning the date 5.5.2011 i.e. the date when
appellant claims to have suffered an abortion on account of
beating given to her, through the medium of Ex.P/1, P/8 and P/10
brings out that respondent’s father was admitted at the Railway
Hospital, Jaipur in a serious condition on 15.3.2011. He was
discharged from the hospital on 2.4.2011. He was re-admitted on
4.4.2011 at Fortis Escort Hospital, Jaipur. Ex.P/8 brings out that
even respondent’s mother was admitted at the Railway Hospital,
Jaipur on 4.5.2011 wherefrom she was discharged on 11.5.2011.
11. The learned Judge, Family Court has opined from said
evidence that appellant’s assertion that she was ill-treated in her
matrimonial house and so severe was the ill-treatment that she
aborted is disproved. We shall comment upon this evidence a
12. Concerning the appellant, she claims in her testimony that
on 5.5.2011 abortion took place at JP Hospital, Udaipur. On being
cross-examined she admitted that she had no document to prove
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the same. She admitted that for experience she had worked at the
said hospital i.e. JP Hospital. To the question that JP Hospital was
an orthopedic hospital she replied that she does not know.
13. From said testimony of the appellant the learned Judge,
Family Court has opined that this is an additional reason to hold
that her version of forced abortion was false.
14. Concerning appellant’s leaving the rented house where the
couple had set up their matrimonial home, during cross-
examination the appellant admitted that she and her husband
resided in the rented house and that her husband left the house
informing her that to undergo training he had to go to Gurgaon.
She stated that she was forced to leave the house because a
snake entered the house due to rain during monsoon period. She
stated that she left the house to live with her parents informing
the respondent that when he returns he should contact her and
she would return. As per her the respondent never contacted her.
15. We need not note the testimony of the witnesses for the
reason, as usual in matrimonial cases witnesses of the parties
parrot the case of the party who produces them as witnesses.
16. From the facts and the evidence noted hereinabove we
expected from learned counsel for the appellant to address
arguments on the evidence concerning appellant’s plea of being
beaten in her matrimonial house and as a result whereof she
suffered a forced abortion on 5.5.2011. The contours of the
evidence has been noted by us hereinabove.
17. Learned counsel for the appellant makes no submissions
concerning said evidence and the conclusions which one needs to
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18. Indeed, the appellant has no proof of having undergone an
abortion at the JP Hospital, Udaipur. Her admission that she had
worked in the said hospital does not justify her answer during
cross-examination that she cannot affirm or deny whether the
hospital was an orthopedic hospital. The medical papers
concerning respondent’s parents establish that both parents were
seriously unwell and were admitted in different hospitals in the
city of Jaipur and respondent’s version that on 5.5.2011 he was in
Jaipur gets substantiated therefrom.
19. Now, a false allegation that so severely was the spouse
beaten by the other spouse that she aborted, if proved to be false
would itself constitute an act of cruelty.
20. That the respondent separated from his parents, as
admitted by the appellant herself, lends credence to respondent’s
version that he was compelled to take up separate residence due
to the hostile attitude of the appellant towards his parents.
21. As per the appellant, as pleaded by her the landlord forced
her to vacate rented house because the respondent did not pay
the rent is bellied from her testimony wherein she says that the
reason for leaving the house was a snake entering the house
during monsoon period when her husband was in Gurgaon for
purpose of training. The appellant has not been able to render any
explanation for deserting the matrimonial house. The factum of
desertion is admitted. The reasonable cause had to be established
by the appellant but she has failed to do so.
22. We note at this stage that learned counsel for the appellant
has not been able to puncture any hole in the appreciation of the
evidence by the learned Judge, Family Court and the impugned
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decision proceeds on the evidence noted by us hereinabove. We
find no infirmity in the impugned judgment.
23. The appeal is dismissed.
24. No costs.
(VINIT KUMAR MATHUR),J (PRADEEP NANDRAJOG),CJ
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