IN THE HIGH COURT OF JUDICATURE OF RAJASTHAN
JAIPUR BENCH, AT JAIPUR
I.A. No. of 2024
IN
D.B. CIVIL MISC. APPEAL NO. 965 of 2022
IN THE MATTER OF:
Shri Amar Narendra Rathore ….. APPELLANT
Vs
Smt. Richa Chauhan ….. RESPONDENT
APPLICATION UNDER SECTION 151 CIVIL PROCEDURE CODE,
1908 ON BEHALF OF THE APPELLANT SEEKING EFFECTIVE
HEARING AND EARLY DISPOSAL OF APPEAL NO. D.B. CIVIL MISC.
APPEAL NO.965 OF 2022 PENDING BEFORE THIS HON’BLE COURT
MOST RESPECTFULLY SHOWETH
1. That the above stated Appeal is pending disposal before this Hon’ble Court
wherein all pleadings are complete and the matter is at the stage of Final
Arguments. That in the past hearings, inadvertently, the matter has on one
pretext on the other being adjourned that is in the interregnum, causing grave
financial and emotional prejudice to the Appellant and his parents who are old
aged and senior citizens. Therefore, it is the Appellant’s humble attempt to
draw this Hon’ble courts attention to the plight of the Appellant with a request
to effectively hear the matter on its merits, which the Appellant will
demonstrate are in his favour and squarely covered under provisions of law
owing to the facts and circumstances of the case.
2. The Appellant has preferred the D.B. Civil Matrimonial Appeal No.956 of
2022(“Matrimonial Appeal”) under Section 19 of the Family Court Act, 1984
r/w Section 28(4) of the Hindu Marriage Act 1955 against the Judgment and
Decree dated 29.10.2021 passed by the Ld. Family Court No.1, Jaipur in Case
No. 720/2019 titled as Amar Narendra Rathore v/s Richa
Chauhan(“Impugned judgment”). The Impugned judgment passed by the Ld.
Family Court is squarely covered by the Hon’ble Supreme Court on multiple
occasions and the Impugned judgment has been passed in teeth of the rulings
of the Hon’ble Supreme Court, particularly the rulings given in the case of
“Shilpa Sailesh v. Varun Sreenivasan 2023 SCC Online SC 544” & “Rajesh
Kumar Singh v. Suman Yadav SLP No.5268/2020” wherein the Hon’ble
Supreme Court has clearly laid down the factors to be considered in
determining irretrievable breakdown of marriage. The Impugned judgment
clearly is in teeth of these judgments and has been passed without giving due
consideration to the contentions raised by the Appellant considering the facts
and circumstances of this case.
3. Considering the grave prejudice caused to the Appellant due to the Impugned
Judgment, the Appellant preferred the Matrimonial Appeal before this Hon’ble
Court in the month of May, 2022. That thereafter, since then the matter has
been pending before this Hon’ble Court and the parties have tried Mediation
as well to settle the issues. A substantial time was lost owing to the parties into
mediation but no recourse could be reached as the Respondent simply refused
to settle for a reasonable amount within the means of the Appellant. This has
been a deliberate attempt to stall and thwart the final disposal of this
Matrimonial Appeal by the Respondent as she is very well aware that the law
falls squarely in favour of the Appellant. On one hand the Respondent showed
intent to settle while on the other hand during mediation proceedings, the
Respondent clearly demanded unreasonable amount of money again and again,
which is why the mediation proceedings could not be successfully concluded.
4. That it is a material concern of the Appellant that at this juncture, on one pretext
or the other, the Respondent will continue to stall these proceedings so that a
final effective hearing and disposal of this Matrimonial Appeal is thwarted,
specifically in light of the fact that the Respondent has already gained a
substantial amount of INR 15 Lakhs (Fifteen Lakhs Only) from the Appellant
on account of the frivolous section 12 Domestic Violence Act proceeding
No.178/2015 at Jaipur (“DV proceedings”) initiated by the Respondent
against Appellant and in compliance of the interim orders passed therein. It is
pertinent to note that the Respondent in these vexatious and frivolous DV
proceedings has grossly misrepresented and manipulated material facts about
the financial situation of the Appellant to induce the court into passing such
interim orders. Owing to the grossly misrepresented and manipulated conduct
of the Respondent, the Appellant has already taken appropriate steps to rectify
the record and the Appellant’s Application for Modification of Interim Order
owing to Changed Circumstances has been filed before the Trial Court in
Jaipur on 26.05.2023 in the DV proceedings, the fact of which the Respondent
has conveniently supressed.
5. Thus, it is amptly clear that the Respondent is only to unreasonably gain and
enrich herself on account of the interim orders in DV proceedings, and it is
Respondent’s only intent to stall this Matrimonial Appeal as any orders passed
herein will have material effect on the outcome of the vexatious DV
proceedings. The matter was last listed on 5th February, 2024 and the Next Date
of Hearing in the matter has been fixed for 4th July, 2024. The matter has been
pending disposal, however, inadvertently, the matter is being adjourned for
further dates, without final disposal. The Appellant has been embroiled in a
web of vexatious litigation by the Respondent, who is using this as the basis to
unjustly enrich herself and cause grave prejudice to the Appellant. A brief
narration of facts and issues will further elaborate the plight of the Appellant
and show how this Hon’ble courts interference is warranted in the present case.
BRIEF FACTS
i. The Appellant and Respondent got married on 21.04.2014 at Jaipur, at
SMS Hotel, Jaipur, in the annex compound of the Hotel Rambagh Palace,
Jaipur, which is the cheaper alternative to the main Hotel Rambagh Palace
and was done in a modest manner with modest means, contrary to the
claims of the Respondent of a lavish wedding.
ii. That the Appellant and Respondent for their honeymoon, travelled to
Kumbhalgarh wherein despite staying in a private room, the Respondent
refused to have any physical relationship with the Appellant. Thereafter,
both returned back to the village in Gujarat subsequent to which the
Respondent went back to her hometown in Indore for the Pag Fera
ceremony. Surprisingly, the Respondent did not return back even after a
month after which the Appellant finally went to the hometown of
Respondent, Indore to bring her back, as per the customs.
iii. That even at the Repsondent’s hometown the Respondent refused to
consummate and have any physical relations with the Appellant after
which both returned back to the village in Gujarat. The Appellant again
tried to initiate a physical relationship, but was again denied by the
Respondent. Thereafter, as the Respondent wanted to work and secure a
high paying job and stay in the city, at her insistence, the Appellant shifted
with the Respondent to Ahmedabad in July, 2014 where she eventually
secured a job in Jel Tours Pvt. Ltd.
iv. That both were living together in a rented apartment in Ahmedabad,
however, despite several efforts by the Appellant the Respondent
constantly refused any physical relations with him. The Respondent further
remained distant and showed no intention to initiate any efforts towards
working for the marriage, and to the contrary, used to spend time with her
sister and return home only late night.
v. In addition to paying no interests towards the marriage, the Respondent
even paid no heed towards sharing household chores. Before getting his
job, the Appellant used to perform all household chores and after his job,
the Appellant’s mother had to come and assist in these household chores
as the Respondent simply refused any shared responsibility.
vi. Despite counselling by family, the Respondent simply refused to initiate
any physical relations with the Appellant which left a deep emotional
impact on the Appellant. Bereft any option, out of concern, the Appellant
even suggested psychological counselling to the Respondent, which was
violently refused by the Respondent. This aggravated the mental agony
caused to the Appellant by Respondent, and in September, 2014 the
Appellant decided to have a confrontation with the Respondent regarding
her attitude, however, the Respondent was completely averse and
repugnant to any physical relationship with the Appellant and it appeared
as if the Respondent was psychologically averse to the whole concept of
marriage.
vii. That thereafter, despite repeated efforts of the Appellant when no solution
could be reached, on October 28, 2014 the parents of Respondents came
and stayed at the Appellants parent’s house, where the Appellant and
Respondent were also present. The Respondent in everyone’s presence
blatantly and unequivocally stated that the Appellant and Respondent had
not consummated the marriage and that the Respondent had no intention
of consummating the marriage even thereafter. This is a material fact as an
evidence and has also been produced and relied on by the Appellant. This
is a clear admission of the Respondent which clearly demonstrates the
veracity of the Appellant’s contentions.
viii. That thereafter, the parties along with parents held meetings with an
attempt to amicably resolve the issue, however, the Respondent and her
mother decided that the Respondent would no longer live together with the
Appellant and then the Respondent left the Appellant to never return back.
All duly recorded voice recordings and other evidence has been taken on
record by the Appellant in his proceedings.
ix. That thereafter, by the conduct of the Respondent and her family it became
clear to the Appellant that the Respondent was not coming back and has
left for good, and thus, as the only reason for shifting to Ahmedabad and
getting a job was the Respondent, the Appellant quit his job and moved
back to Khedabramha to his parents house in the month of November,
2014.
x. On 8th April 2015 as a last and final resort, the Appellants family members
went to Indore to meet with the Respondent and her family where they
were flatly conveyed that there is no chance of any reconciliation. That
thereafter, as the marriage was not consummated and the case squarely
covered under the law by virtue of a catena of judgments, the Appellant on
23.04.2015 filed a petition u/s 12(1)(a) of the Hindu Marriage Act, 1955
for Annulment of Marriage on the ground of non-consummation due to
impotence and or divorce due to cruelty.
xi. As a counterblast, the Respondent on 25.05.2015 filed a petition for
Restitution of Conjugal rights u/s 9 of the Hindu Marriage Act, 1955 as a
counterblast strategy to put the blame of desertion on the Appellant.
Thereafter, on 09.06.2015 another false Complaint under DV proceedings
against the Appellant and his family members putting vague and ambigious
allegations on the Appellant. Thereafter, the Respondent filed a Transfer
Petition No. 1035/2015 in the Hon’ble Supreme Court with a prayer to
transfer the Appellants divorce proceedings from Ahmedabad to Jaipur,
which was subsequently granted vide order dated 01.02.2017.
xii. That in the DV proceedings, vide order dated 19.09.2016 the Appellant
was directed to provide interim relief to the Respondent in the nature of
INR 20,000 per month. Despite the Respondent earning substantially more
than the Appellant even from before the marriage this order was passed in
a mechanical order, the benefit of which the Respondent is till date reaping.
xiii. On 20.06.2019 the Respondent filed a frivolous and vague complaint
against the Appellant and his family members u/s 498A, 406 and 354 of
the Indian Penal Code, 1860 in which in the chargesheet filed on
01.11.2019 no offences under these sections was made out against the
Appellants family members, which clearly shows the malicious intent of
the Respondent in filing of this complaint/FIR.
xiv. That on 29.10.2021 the Impugned judgment was passed by the Ld. Family
Court without proper application of mind and ignoring all principles as
applicable to similar cases. All material evidences produced by the
Appellant were simply ignored by the Ld. Judge and a completely perverse
order was passed.
6. The aforesaid facts and circumstances clearly demonstrate that the marriage
between the Appellant and Respondent was a failed marriage ever since it
began and there is some psychological issue with the Respondent that has
clearly thwarted any physical relationship between the Appellant and the
Respondent. The marriage has never been consummated and the Appellant has
clearly demonstrated how the Respondent never had any intention to make the
marriage work and has not even stayed with the Appellant.
7. It is humbly submitted that the material evidences produced by the Appellant
have clearly demonstrated beyond any doubt that the Respondent had no
intention to work on the marriage. The marriage was never consummated and
the Appellant and Respondent did not even live together. Numerous efforts for
conciliation also failed and only then thereafter, the Appellant filed the Divorce
Proceedings. Thereafter, as a counterblast the Respondent first filed a Petition
for restitution of conjugal rights and then filed a complaint/FIR in the DV
proceedings. These strings of events are in itself enough to make this case a fit
case to apply the various principles of granting divorce established in a catena
of judgments, the fact of which was completely ignored by the Ld. Trial Court.
8. That this is a fit case of mental cruelty is clear and unambiguous based on the
fact that the Hon’ble Supreme Court in a plethora of judgments has held that
“Unilateral decision of refusal to have intercourse for considerable period
without there being any physical incapacity or valid reason may amount to
mental cruelty”. Furthermore, while these litigations were going on the
Respondent attempted to file a malicious and frivolous FIR against the
Appellant in the year 20.06.2021 which demonstrates the malicious intent of
the Respondent. This came out as completely false in the chargesheet filed
which further demonstrates the candour of the Respondent, the fact of which
was completely overlooked by the Trial Court.
9. The Respondent has manipulated the facts and misrepresented the financial
condition of the Appellant grossly, the fact of which has been completely
ignored in the Ld. Trial Court. The Respondent has been taking advantage of
the interim compensation granted to her and thus, only has intention to further
take advantage of these by either initiating new proceedings or extending the
ongoing litigations on one pretext or the other.
10. The Respondent herself is a highly educated person who has held several high
paying jobs. The Appellant on the other hand is an unqualified person who
doesn’t have a regular source of income. This fact is clearly evidenced by
virtue of his bank statements submitted by the Appellant. Furthermore, the
Appellant does not own any parcel of land from which any kind of rent income
comes, the fact of which has also been evidenced by the Appellant. Further,
these facts have been grossly manipulated by the Respondent who on the other
hand, based on this is drawing a monthly interim compensation of INR
20,000/- which on several occasions the Appellant has struggled to give and
the cheques have bounced.
11. The above mentioned facts are only reflecting the true nature of the Respondent
who’s sole agenda of getting married was money, and nothing else, as is being
highlighted by the contents of her Affidavit being solely focused on the meagre
fortunes of the Appellant who is already struggling, rather suffering being
saddled with multiple litigations being utterly false and frivolous. it is
important to state here the repercussions of the mindlessly driven malicious
and defamatory litigations have had a serious toll on the health of both the
parents of the Appellant herein, who have both been bed ridden due to the
insurmountable stress and mental pain and agony to see their children suffer
for no fault of theirs and to have been saddled with such false and frivolous
litigation.
12. That furthermore, considering the changed circumstances and considering the
conduct of the Respondent who is repeatedly perjuring herself with impunity
and utter disregard to the law of the land, driven with the sole agenda of hurting
and harming the peace and well-being of the Appellant herein, who despite
there being ample opportunities and legal remedies available to him and his
family for the deliberate legal wrongs being done by the Respondent have still
chosen the higher path of avoiding the mess and any further confrontation,
despite the defamatory acts and the malicious prosecutions launched by the
Respondent against him and his family.
13. The fact that the Respondent never had any intention to work on the marriage
is further amplified by the fact that despite getting orders in the petition filed
for restitution of conjugal rights, the Respondent paid absolutely no heed
towards mending relations with the Appellant and instead continue to reside at
her hometown in Indore. Furthermore, the Respondent went ahead and filed
frivolous cases against the Appellant and his family in a desperate attempt to
further prejudice the Appellant. It is humbly submitted that it is a fit case where
the Appellant is the rightful and deserving party who is in need and help of the
financial support and it is the Respondent who is blatanly disregarding and
breaking all the law by filing false and fabricated evidence without any care or
concern of the law.
14. It is clear as light that the truth of the matter is that the parties have absolutely
no chance of any reconciliation and the parties have spent a considerable time
and money on litigations. The Appellant has not just lost support, comfort and
warmth that is provided by matrimony but also has lost his reputation in public,
the trust and respect of his own family members, his career and financial
stability, and even a part of his inheritance. In a catena of judgments this
Hon’ble court has time and again held that it is of no benefit to anyone that a
de-facto dead marriage be kept alive de-jure. It is in the interest of justice that
this marriage is dissolved so that the Appellant can lead a normal life.
15. It is the Appellants concern that the Respondent only wants the case to linger
on without attaining finality and thus, the Appellant has come before this
Hon’ble court by way of this application to effectively hear the matter on
merits and dispose of the matter. The appellant has clearly demonstrated the
mala fide intents and conduct of the Respondent and has an apprehension that
on one pretext or the other the Respondent will only try to delay and stall these
proceedings.
16. That the Hon’ble Court has proper jurisdictinon to entertain and adjudicate this
Application duly filed by the Appellant.
17. That the present application is as per law and bonafide.
PRAYER
That in view of the facts and circumstances of the case stated hereinabove, it is
most humbly submitted and prayed before this Hon’ble Court to kindly:
1. Hear the matter on its merits and list the matter for an early hearing and final
disposal;
2. Pass any other orders as this Hon’ble Court deems fit.
