Following
is part of Public Records contained in Criminal Appeal 711 of 2001 in
High court of New Delhi;The below mentioned false allegations were leveled on him for the sake of looting and cheating me of Rs 50 million by girl's family.
False Allegations of
Cruelty:-
7.1.
It has been stated by the Rajni that I used to make demands of various house
hold articles and upon failure of Rajni to fulfill those demands, I started
abusing Rajni and gave her beatings and more and more demands for dowry and
money were raised from Rajni.
7.2.
I used to give beatings to the Rajni on one pretext or another and forced her
to bring money from her parents to meet expenses and daily need of my house, on
refusal of the Rajni not acceding to these unreasonable demands I used to give
beating to her at the instance of my parents.
PROOF OF FALSITY
Averments
are vague and general in nature. No particular or specific instance has been
given or stated as to what was actually demanded. On contrary I used to give
her gifts of Jewellery from time to time out of my own income. It has been
proved by RW 8 Sh. S.M. Sharma officer Bank of Rajasthan that Cheque No. 715452
was drawn by me from my account in favor of M/s Nippy Jewelers for a sum of Rs,
9800/-. Statement of Bank account is Ex.D-31 and Copy of Cheque is Ex.D-32.
This cheque was to make payment of a Gold Set as gift to Rajni on her Birthday.
Another witness RW 10 Sh. Ranbir Singh Officer Punjab National Bank Sector 37
has proved cheque Dt. 12th April 1995 issued in name of Sham Sunder
Kapoor (Proprietor Nippy Jeweller) Ex.D36. This cheque was encash by RW17 Rahul
Kumar helper Nippy Jeweller who has proved his signatures on the cheque
as Ex.D44. This cheque was for a sum of Rs, 12,000/- for payment of gold
necklace o marriage anniversary. Copy of the bill of gold necklace is Ex.D-45.
It
has been stated by me in para 5b of the written statement and also in evidence
that parties had gone for a three week long Honeymoon to Kinnaur from where
they returned on 13th of May, 1993. Parties had gone to Delhi on last week of
May, 1993 and had stayed in hotel Lee Meridien New Delhi where daily room rent
is Rs 5,000/-. In June 1993 parties had gone to Missouri during holidays.
In June, 1994 parties had gone to Mashobara, Naldhera etc. In December,
1994 parties had gone to Kufri and Narkanda etc. In June 1995 they had
gone to Kasauli. In July, 1995 to Shimla.
Above
facts have been admitted by the Rajni in her Para 5 b of her replication dated
7.11.97. Where she has stated as: “ Parties went to the places as mentioned in
the written statement.” Father of the Rajni has shown ignorance of the parties
to have gone to any of these places, all the money was spent by the Me.
As I am giving gifts of jewelry to the Rajni out of my own income and taking
her to various holidays every few months to all the places mentioned above, the
statement made in para 1 and 2 above are obviously false to the knowledge of
the Rajni It has also been stated by me I that Rajni was given gifts of jewelry
by my parents on the festival of Teej in July, 1993 and also on account her
birthdays on 12th of August, 1994 and 1995.
Since
on these occasions it was ancestral gold or payment was made by in cash hence
no regular bill was issued or taken by the me.
False Allegations
7.3
Rajni alleges that she was kept without food for successive days.
PROOF THE FALSITY
Rajni
has also stated in examination and cross examination that she had separate
kitchen. I am an Advocate and has to go out in connection with his work to the
courts. Obviously the Kitchen can't be taken by me to court. Exhibit D1 is the
diary, which has been admitted by her. Various pages of this dairy
written by her in her own hand show that parties used to go to various
restaurants of the city for eating Chinese, South Indian and Non-Veg. food.
This fact was also admitted by her in para 5n of her replication dt.3.8.1996.
False Allegations
7.4
It has been alleged by the Rajni that after two weeks of marriage when the
parties returned from their tour father-in-law of the Rajni became angry upon
her and started giving abuses to her without any reason.
PROOF OF FALSITY
It
has been stated by me, that parties had gone on honeymoon after one week of
marriage and had returned on 13th of May, 1993. As such after two weeks of
marriage parties were nowhere near Chandigarh. In her cross examination she has
stated as below:-
"For
honeymoon we had gone to beyond Shimla to a place not remember now. We spent 15
to 20 days on that account. We went for honeymoon after about 7 days."
Obviously Rajni was not in Chandigarh after two weeks of marriage as per her
own statement thus my father saying anything to her after two weeks or anytime
thereafter are false.
False Allegations
7.5
It has been alleged by Rajni that she was asked to wash her own clothes whereas
I and my parents gave their own cloths to washer man.
PROOF OF FALSITY
It
has been stated by the Rajni in her cross examination as follows:-"My
father in law was having a washing machine"
Obviously
if my parents have a washing machine there is no question of giving our cloths
to washer man. It has further been stated by RW13 Gopal Krishan
Proprietor Krishna Dyers and Dry cleaners that the cloths of the Rajni was
always dry cleaned at his shop.
False Allegations;
7.6
It was further alleged that Rajni was doing the domestic work and was called a
servant. She was called upon to clean the courtyard of the house and work from
7 A.M. to 10 P.M.
PROOF OF FALSITY
Her
diary Exhibit D1/C has been admitted by the Rajni in which she has maintained
the account of the salary paid to maid servant. Maid had been hired for
cleaning courtyard/floors and washing of utensils. Admittedly there are
only two or three members in the house. After I separated from my parents
because of her, there was nothing for her to do expect to cook food for
her-self and (one time) for me I. Inspite of specific question put to her in
cross examination as to what she was called upon to do through out the day. She
could not give any answer as to what kept her busy. Above statement is false to
the knowledge of the Rajni.
False Allegations
7.7
It is alleged that me I and his parents gave abuses to her when she tried to
attend a telephone call from her parents.
PROOF OF FALSITY
It
has been stated by the Rajni in her cross-examination as follows:- "After
separation of the kitchen my brother in law S.C.Diwan also give me
telephone connection which was lying unused with
them. I got it affixed in my Bedroom. After installation of the
telephone I was free to use the telephone in the manner I desired. It has
been proved by RW5 Naresh Kumar Section supervisors
Office of General Manager telephones that telephone bearing
No. 691671 of S.C.Diwan was installed on 6.1.94 which continued right
uptil 15.9.95.
False Allegations;
7.8
It has been alleged by the Rajni that I and my parents misbehaved with her
brother for insufficiency of birthday gifts brought by him.
PROOF OF FALSITY;
It
was stated by the Rajni that she comes of a poor family with 5 sisters. No body
had ever celebrated her birthday, accordingly parents of the applicant
celebrated her birthday in a lavish style. Lavish gifts were given
to her. This was not liked by her parents who felt degraded.
Birthday Gifts are always meant for birthday person and admittedly
it was the birthday of the Rajni which was celebrated for the
first time in her life by the Me and my parents.
False Allegations;
7.9
Rajni has alleged that she was kept locked in the house.
PROOF OF FALSITY
I
am living in house No. 1366 Sector 40-B, Chandigarh since 1989. On the ground
floor of the my house there are ten doors which open outside out of which seven
cannot be bolted from outside and on the first floor there are four doors which
open outside and again out of which three cannot be bolted from outside.
Obviously in this situation no body can be locked in a house since majority of
the doors cannot be bolted from outside.
False Allegations;
7.10
Rajni has alleged that, I would find fault with the food prepared by the her
& in March 1994, threw utensils on her face and did not provide any medical
aid to her and in November 1994 quarreled with her.
PROOF OF FALSITY
The
demeanor of the my wife has been noted by the Trial Court as below:
"The
witness was standing mum when the counsel asked her as to what happen in
November 1994 However the counsel has now given hints with regard to meals to
which witness states that it was daily routine".
False Allegations;
7.11
Rajni has alleged that she was called "Banjh".
PROOF OF FALSITY
It
has been stated by Rajni in her cross examination as under:
"Only
my husband accompanied me whenever I went to the doctor for treatment for
infertility. The expenses in that behalf was also met only by my husband”.
It
has been stated by her brother Gopal Singal;
"I
never accompanied my sister for any treatment. She never told me about
her treatment.
PW3
Jagannath Father of the Rajni stated:
"Rajni
did not disclose to me with respect to medical treatment. I came to know about
it only after filing of the written statement."
Obviously
parents brother of the Rajni are least bothered about her health as per their
own statement they are not even aware that she was under medical treatment for
medical problems since her childhood for which me I spent approximately 5-7
lacs. Rajni has admitted her medical reports D2 to D7 none of which indicate
any normalcy in her and which continued right uptil August, 1995 Obviously if I
was calling her "Banjh" I would not got her treated. It was her
parents never cared her or for her medical health either before marriage or
after marriage and knew about her medical problems and called her "banjh"
and advised her to leave the matrimonial home by removing/stealing everything
she can get hold of. They were aware of her medical condition.
False Allegations
7.12
It has been stated by the Rajni that a medical check up was got by her from a
doctor at Patiala and it was discovered that there was no medical weakness in
her and she is able to provide the child. She further states that I is claiming
that there is a medical report with him from the doctor at Chandigarh. The said
report is false and fabricated.
PROOF OF FALSITY
Rajni
has stated as below in her cross examination: "D2 to D7 are the
prescription slips and treatment slips pertaining to my treatment got done by
my husband". The report D7 which she stated to be false and fabricated has
now been admitted by her. The treatment chart of the Rajni by the Doctor at
Patiala is on record which points out various birth defects in her. I also
examined the Gynecologist who had examined her and who proved her report Ex
D-7. Her various reports admitted by her EX D2 to EX D7 indicate problems
in her egg formation, vaginal secretion and Vaginal infection irregular periods
etc.
False Allegations;
7.13
Rajni alleges that her parents gave dowry of 70,000 which has been retained by
me since 19.4.93.
PROOF OF FALSITY
In
fact parents of the Rajni had taken away the jewelry which fact came to his
knowledge on May 4, 1994 when the same was recovered by the income tax
authorities from the house of parents of Rajni. Rajni states as follows
in her cross examination. It is correct that in 1994 Income tax raids
were conducted at my uncles house. We live jointly with him. My jewelry was
also recovered during that raid. The jewelry which I was wearing in April, 1994
at the time of marriage of my cousin sister Rashmi were recovered in the raids
conducted on the premises because after her marriage I had left that jewelry
which I was wearing at the resident of my parents".
In
fact the marriage of Rashmi was performed on 19th April, 1995 a year after the
same was recovered from her parents house which is so proved in Ex.D1/x and
also in the statement of PW4 Brij Singal father of Rashmi who has stated that
his daughter Rashmi was married on 19.4.95 at Mandi
Gobindgarh.
False Allegations
7.14
Rajni has stated in Para 5b of her replication dated 3.8.96 that me
I used to take the Rajni to unknown places and later on it came to
light on the filing of written statement that it was for medical
check up/treatment. In para 5j of her replication dated 3.8.96 she has
stated that all the operations, tests and treatments were against the wishes,
consent, knowledge of the Rajni. The fact of treatment, operation etc. were
never brought to the knowledge of the Rajni.
PROOF OF FALSITY
Accused
Rajni admits-"Only my husband accompanied me whenever I went to the Doctor
for treatment with regard to fertility. The expenses in that regard was also
met by my husband." D2 to D7 are the prescription slips and treatment
slips pertaining to my treatment got done by my husband". Her statement
that she was not aware that she was got treated till the filling of the written
statement is patently false to her knowledge.
False Allegations
7.15
Rajni alleges that once her mother in law sprinkled kerosene oil in the kitchen
and sent her to prepare tea. When she went to the kitchen she came
outside after getting the smell of the Kerosene oil. Her mother in law came on
her back and again pushed the Rajni into the kitchen and tried her best to set
her on fire.
PROOF OF FALSITY
Rajni
does not remember the year, month or the date of the incident. Rajni has stated
as below in her cross examination. "My mother in law must be in her
70's. Kerosene has never been used in my in-laws house for domestic purposes".
Admittedly
Rajni a strong and robust girl of 30 cannot be oushed any a sick, old, frail
women of 70+ particularly when she suffers from arthritis of both knee joints
since more than 10 years and has lumbarston-dylitis for which she took treatment
from Saket Hospital.
RW12
Doctor V.K.Rampal has proved that mother of the me I is 70 years old and is
under his treatment for obesity. He has further deposed that She has arthritis
of both knee joints since more than 10 years and has lumbarston-dylitis for
which she took treatment from Saket Hospital. She cannot walk properly
and maintain her balance. Moreover, she walks with a walking stick
which has three supports unlike other walking stick which has a
single support. She cannot even get up from the bed without support.
False Allegations;
7.16
Rajni alleges that after Jan.95, I never had sexual inter-course with her.
Neither offered myself to her.
PROOF OF FALSITY
Rajni
has admitted in her cross examination:
"I
went to Patiala after 23.5.95 for medical check up. Prior to that I had sexual
intercourse with my husband". "It is correct that in May 1995
as suggested by the Doctor, I committed sexual intercourse in the Clinic itself
with my husband for the Post coital test to be performed by the Doctor."
Rajni
has also admitted in her cross examination documents Ex. D4 and D5.
On both these documents dates for sexual intercourse have been written by
Doctor Gurinder Bhatia who is neighbor of her parents. The dates are
2,4,5,7,9,11 of October 1994. The dates in Ex.D5 are all in the month of
January 1995 i.e. 12,14,15,17,19, Jan. In Ex.D1/E admitted by her, date
mentioned is 18th May 1995 for the purpose of PCT, which
a test performed after sexual intercourse. In Ex.D6 19th of June,
1995 is the date of sexual intercourse as proved by Dr Mangla Dogra RW19.
RW14
Doctor A.C.Chadha Uttam Laboratory has proved Ex.D40 the pregnancy test reports
of the Rajni conducted on 30.4.95 and Ex.D41 pregnancy test report of Rajni
dt.27.6.95. Pregnancy test reports are required only in case of child
expectance which happens after sexual intercourse. RW19 Doctor Mangla
Dogra has proved that she conducted Ultra sounds upon Rajni in the month of
June 1995 and August 1995 for the purpose of egg formation and to
be advised for the dates of sexual intercourse. RW-19
has further stated as:- "Patient did not complain to me
that no sexual intercourse was
performed by her husband”. Rajni has also admitted that
she was treated for infertility from doctor at Patiala. All these tests and
treatment were for the purpose that she could conceive.
Counsel
of Rajni has made the following suggestion to RW 19. "Ex.D2 to D7
which are of different dates and are from different doctors shows the curiosity
of the husband to have a child." It is an established fact that sexual
intercourse is necessary to have a child.
False Allegations;
7.17
Rajni alleges that on 15.9.95, I gave severe beating and turned her out of the
House in three clothes retaining all the articles and Istri Dhan.
PROOF OF FALSITY;
RW10
Ranbir Singh officer Punjab National Bank, Sector 37 has proved the record of
Locker account maintained by the parties with the bank. Ex.D34, D35 are
the copies of the entries showing visits for the operation of the locker. As
per Ex.D35 the locker was operated on 15.9.95 at 3.45 P.M. by Rajni.
A
person who has been beaten by her husband and turned out of her house in three
clothes would not coolly operate the family locker of the applicant and walk
away with property / Gold worth more than Rs 5.00 crores.
False Allegations;
7.18
In para 3 to preliminary submissions of her replication dated 7.11.97 Rajni has
stated as follows: "The my husband prior to marriage during the
subsistence of marriage and even now is residing with his parents in his house.
He never separated or segregated from his parents. The allegations of living
apart in the same house at the instance of Rajni from 15.11.93 onwards are
wrong and denied.
PROOF OF FALSITY
Rajni
had submitted a letter dated 30.12.93 along with list of documents on 16.8.96.
Father of the Rajni had admitted the same as Ex.D16 In this letter Dt. 30.12.93
Rajni has stated:-" He (my husband) says that he has
left/separated from his parents because of me and I do
not respect him, Papa he is right".
Inspite
of this Truth and above evidence, I did not get justice. Her lawyer used to inform my lawyer in advance the orders
which will be passed by the concerned judge. I used to laugh thinking that
judges pass the orders based on facts and law. I was wrong. Every time the same
orders were passed as had already been conveyed to us. We were told of exact order
on her 2nd maintenance application even when application had not
even been argued. I went to inspection Judge Justice HS Brar and told him of
the order which will be passed on an application which is yet to be argued. He
did not believe me and said I was prejudging the issue. However, that was not
to be. The same order was passed by SS Lamba then ADJ now district Judge ---.
So, I informed the inspection judge. He did not believe me. He came for
inspection the next day and when he saw the order which I had told him several
days earlier, he withdrew the case from SS lamba and sent to another Judge. I
did not get justice in my case as only remedy against a corrupt judgment is to
file appeal. Click here for what happened in appeal.
After this I tracked the telephone calls of my in-laws and found
that before every date of hearing a telephone call went from my in-laws to
Mangat Ram Garg, chairman department of laws, Punjabi University, Patiala and
instantly Mangat Ram Garg telephoned Balram Gupta, Chairman Department of laws
Punjab University, Chandigarh. Balram Gupta in turn then called B B parson,
then ADJ now district Judge .. who would then call concerned Judge SS Lamba.
I later came to know that Mangat Ram Garg, Balram Gupta and BB
parson are all known touts, who supply Judges albeit their orders on a platter
for lifelong pleasure for litigants unlike prostitutes who give pleasure for
only half an hour or less.
Kapil Dev Aggarwal
Click here for;
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