AJIT SINGH GOET (MAJOR) Vs. STATE OF HARYANA

JUDGEMENT

(1.) Smt. Urmila was married to Major Ajit Singh Goet (petitioner herein) on 6.7.1980. From this marriage they got two children and those children are putting up with Smt. Urmila (wife). According to Smt. Urmila, she is an educated and devoted wife and always anxious to have smooth matrimonial life with her husband Major Ajit Singh Goet. She could not fulfil this dream of leading a smooth married life because her husband was a womanizer and a drunkard. He always treated her and the children indifferently forgetting that he was the husband/father owning duty towards his wife and the children. The petitioner, his mother and his uncle started harassing and coercing her to meet their unjust demands before, at the time of and after marriage. Soon after the engagement ceremony, he extracted Rs. 7,000/- from her saying that he required money for purchasing a house and the amount would be returned. Shagun was returned in a humiliating manner but along with Shagun her parents had to give him a sum of Rs. 1,000/- more. Thereafter, they started demanding motorcycle, fridge, TV and water cooler, just 4-5 days before the marriage. They wanted cash in lieu of these items. Her parents paid Rs. 20,000/- against her wishes and their wishes. They did not feel satisfied although more than Rs. 1,50,000/- was spent on marriage. After she stepped into the matrimonial home, she was insulted and humiliated saying dowry articles were inadequate. Her father gave Rs. 10,000/- to her husband on demand by him, so that she was kept in the matrimonial home with dignity. His younger sister's marriage took place on 4.7.1988. His younger sister's marriage took place on 4.7.1980. Instead of pruchasing fridge etc. with that amount of Rs. 20,000/-, that amount was misappropriated by them and depleted in the marriage of her sister-in-law. Thereafter demand for motorcycle and fridge was reiterated saying that if she wanted to stay with him in the matrimonial home at Ferozepur then she should bring motor-cycle for him from her father. She told him that her father was unable to meet this demand when he had already spent adequate amount on her marriage. Her brothers, however, agreed to give motor-cycle and fridge to him feeling that her matrimonial relationship be saved. Her brother Daljit Singh gave motor-cycle and her brother Jasjit Singh gave Kelvinator fridge to her husband. According to Smt. Urmila, her husband is of immoral charactor. When he was posted at Ferozepur in the year 1981, he had affair with a girl employed in the bank, when he was posted at Buraguri (West Bengal) in the year 1983, he developed extra marital relationship with a military nursing officer, namely; S. Thomas. He had affair with other women also. His affair with S. Thomas continued for 4-5 years. At one stage, he had mind to marry her. There was an exchange of romantic letters and photographs between Ms. S. Thomas and her husband Major Ajit Singh Goet. He became deeply involved with one military nursing officer, named; Jarret Disvee alias Disha when he was posted at Jamnagar (Gujarat), so much so he filed divorce petition so that he could marry her. He proceeded on leave to enjoy her company and they stayed in a hotel at Mount Abu (Rajasthan). She came across a photograph in the brief case of her husband showing them to be in amorous company with each other. Divorce case was withdrawn but his affair with her continued unabated and he again filed divorce case in September, 1993. It is further alleged that her husband treated her with cruelty because of his amorous affair with other ladies. She filed complaint under Sections 498-A, 409, 109, 120-B, 499, 500 IPC in the Court of the Magistrate against her husband, mother-in-law, uncle-in-law etc. It was on the orders of the Magistrate that FIR No. 608 dated 26.10.1998 under Sections 498-A/406/109/120-B/497/323/34 IPC was registered at Police Station Ambala Cantt.

(2.) This is an application for grant of anticipatory bail by her husband Major Ajit Singh Goet.

(3.) It may be mentioned here that earlier also case FIR No. 379 dated 8.11.1998 under Sections 323, 506, 498-A, IPC was registered at Ambala Cantt against Major Ajit Singh Goet and others, in which he was allowed anticipatory bail by learned Sessions Judge, Ambala, in view of compromise between them. In compromise, annexure P-3, it was mentioned that both these spouses have grown up children and keeping in view the circumstances in mind and harmony they have compromised. So far as the question of giving of dowry to Smt. Urmila and its entrustment and its misappropriation is concerned, it is a very old matter. If any dowry was given, by now that must have been used or that must have become worn out. It may be mentioned here that marriage took place on 4.7.1980. Matter of dowry is being raked up after 16/17 years. Another allegation against the husband by the wife is that he was carrying on with women of ill repute. He was allegedly carrying on with S. Thomas, a military nursing officer, was carrying on allegedly with Miss. Jarret. Further allegation is that he filed divorce petition with a view to elbow her out and bring in Miss. Jarret. Further allegation is that he ill-treated her on the instigation of Miss Jarret. For proving this allegation his custody is not required. Nobody knows whether this allegation is true or false or the figment only of her imagination. The petitioner has two children, who are quite grown up and refusing him anticipatory bail and paying the way for his detention with the police or in jail will not only be humiliation to him but also to the children. She filed petition for maintenance before the Military Authorities. Vide annexure P-5 she had dropped the matter stating that they had no ill-will against each other. Vide annexure P-6, she had written to Major Gen. S.D. Sood that her husband is a very upright and sincere soldier and because of her complaint the atmosphere in the house may again get vitiated and this wil have an adverse effect on her two small children and, therefore, she did not want her husband to be punished for something which had happened as a result of non-compatability in their relationship. This is not a case where anticipatory bail should be refused to the petitioner where the allegations are about misappropriation of dowry which was allegedly given 16/17 years ago and of adultery.