14.4.93 I was married with Rajni D/O Jagan Nath of Jagan Hardware, sector 28, at
Chandigarh as per Hindu rites. We had normal and cordial relationship
throughout the tenure of our marriage. I loved my wife and believed that she
also loved me. Rashmi 1st Cousin of Rajni who lived jointly in the
same house with her parents as well as Parents of Rajni sent me birthday
greetings Dt. 29.9.94 in which she said: -
"Jijaji
always be as you are. Thanks a lot to
God to present my Sister such a lovable, adorable, understanding and above all
caring Hubby". Copy of this
document is annexed as R-4.
We
were booked for holidays in Hotel Hadimba Palace Manali from 27.09.95 to
29.9.95 for stay during September 1995 holidays of High Court. (She left on
15.9.95)
12.8.95
Dr.Mangla Dogra (Gynecologist) and witness No 19 opines that Rajni is not
ovulating. This report is Exhibit D-7 on record of Trial Court. For me it was
destiny. I never held this against Rajni. For her time pass she wanted to join
B.Ed course.
16.8.95 I
prepared a DD for Rs 3550/- from Central Bank of India Sector 37 Chandigarh and
got her admitted to B.ED Course of Kurukshetra University for session 1995-1997.
24.8.95 Father and Brother of Rajni admit that they
are heavily in debt. Their financial debts are about Rs. 15.00 Lacs. In the
year 1995 Jagan Nath(Father) and Gopal (Brother) had started Business venture
in the name of M/s. Gopal Sales (Pvt)
Ltd. To start this venture they
borrowed heavily from their relatives including 5.00 lacs from Brij Singal and
about 10 lacs from Raj Singal (M/s.Jupiter Metal. Copy of this Document Dt.
24.8.95. is Ex D-10 on record of Trial Court duly admitted by her Father. Rajni
used to remain tense on account of indebtedness of her Brother and father. She
had been asking me for money to financially help her father and brother She had
been repeatedly asking me to allow her to take away property from the locker to
give it to her parents so that they can repay their debts. I had declined this
request.
Following
statements have been made by them in Connection with Loans taken by them for
this business venture.
Jagan Nath Father of Rajni:
"It
is correct that I alongwith my Son opened a Private Company named Gopal Sales
(P) Ltd. I cannot tell the details of
the loan contributed by Raj Singal as well as Brij Singal without going through
the accounts. The certified copy of Ex.D-10 bears my signatures. It is the certified copy of Balance Sheet of
Gopal Sales (P) Limited. It is correct that at the time of opening that company
myself and my son were the only shareholders."
Gopal Brother of Rajni:
I
can neither deny nor admit that I took Rs. 10.00 Lacs from Raj Singal as loan
for investment in the company. Similarly
I cannot tell the exact amount of loan taken from Brij Singal. It may or may not be Rs 5.00 Lacs".
8.9.95 and 15.9.95 Rajni
in order to settle debts of her brother and father leaves matrimonial home. She
operates my family locker on 8.9.95. & 15.9.95 and leaves my house on
15.9.1995 alongwith all Household goods in company of her brother/father and
their creditor Brij Singhal. As per the description given by late Sh. B.L.Premi
Asst. Branch Manager, during the time of her clandestine operation of locker on
15.9.1995 she was accompanied inside the Bank by Sh. Brij Singal, to whom her
Father/brother owed Rs 5.00 Lacs.
Locker
was afterwards found empty. Last two operations of the Locker are by her. Copy
of record of Visits maintained by the Bank is annexed as R-2. A local
Commissioner was appointed to prepare inventory of contents of Joint Locker. He
reported that Locker is completely empty. Report of the Local commissioner is
annexed as R6 Property then worth more than Rs. 30 Lacs exclusively belonging
to my Parents were stolen by Rajni and her father and brother Evidence on the
same is annexed as R-7 and R-8. She has made conflicting Statements regarding
operation of the Locker which prove her guilt beyond a shadow of doubt.
Thereafter
the Debts of Brij Singal were paid off from the part sale of my articles and
property including my ancestral gold coins and gold and gold Jewelry lying in
the locker. Extract of his evidence giving evasive reply regarding source of
repayment is reproduced below.:
BRIL SINGHAL Creditor of Rajni’s
Parents:
"I
have given loan of Rs. 5.00 lacs to M\s.Gopal
Sales (P) Ltd, volunteered which has been returned now. It was returned in the year 1996-97, I do not
know whether at the time of return of money who was the Director. I know Raj
Singal who is my Nephew and Kiran Singal who is his wife. I do not know whether
Raj Singal and Kiran Singal are the directors of the above-referred
company. The loan which was returned
back was by way of Cheque. I do not know
who signed that Cheque. It is wrong to
suggest that the firm repaid the loan to me after selling the jewellery etc, of
the petitioner by her father". He is brother of Jagan Nath father of Rajni
and strangely does not know source of repayment of his debt which only confirms
that this source was sale proceeds of gold stolen from my locker which was held
jointly with Rajni.
The
other Rs. 10.00 lacs were owed to Raj Singal whose debts could not be paid off
and he took over the business/assets of Rajni’s father and brother after
15.9.95 and owned Gopal sales Pvt Ltd thereafter.
Jagan
nath and Gopal thus saved themselves from insolvency by virtue of stealing my
ancestral gold.
Sept 1995 onwards:
In view of abnormal behavior of Rajni and her Parents, I conducted private investigations.
It is revealed that three elder sisters of the Rajni namely Anuradha, Babli and
Mridu had also reportedly misappropriated lacs worth of Property From their 1st
husbands and In-laws. Name of cities, banks and No. Of Lockers where the same
was kept after misappropriation by them and their parents for their own use and
other evidence is annexed as R-9.
9.1.96 Rajni files petition for divorce ostensibly
on grounds of cruelty. Extract of evidence on all the Allegations of cruelty
levelled by the Rajni is annexed as R-10. All the allegations of cruelty are
proved to be false to her Knowledge. With respect to filling of this Petition Rajni
has stated in her application Dt. 23.10.99 seeking amendment of her petition as
below:
"Petitioner
is a simple household lady and had signed the petition in good faith".
Rajni
while appearing as her own witness on 27.1.98 has stated as below on oath:
"I
always sign the papers including income tax returns on asking of my father
without careful scrutiny".
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
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