IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.256 of 2010 Shyam Kishore Yadav, son of Thakur Pd. Yadav, resident of Madhepura, Adrash Nagar, Ward No.9, P.S. + District- Madhepura. …….Petitioner/Appellant. Versus Smt. Nirmala Devi, W/o Shyam Kishore Yadav, resident of Madhepura, Adrash Nagar, Ward No.9, P.S. + District- Madhepura , at present resident of village Itwa Jogwani, P.S. Gamaharia, District-Madhepura. …..Opposite party / Respondent. ----------- 5 16.09.2010 Heard learned counsel for the appellant and perused the judgment under appeal. The appellant sought for a decree of divorce on the ground of cruelty by the respondent wife. By order under appeal, the Family Court, Madhepura has dismissed Divorce Case No.8/2005 after giving detailed consideration to all the witnesses examined on behalf of the appellant and on behalf of the respondent wife in the proper perspective keeping in mind the issue of cruelty framed as issue no.2. The son of the appellant is a major and he has been examined as O.P. witness no.2. He has deposed that his father always used to assault her mother and when his father attempted to burn her on 27.05.2005, her mother had to lodge a complaint case. He has also deposed that his father is - 2 - addicted to liquor but he cannot give any further proof for the same. Considering the evidence of the witnesses including that of the appellant and the respondent, the court below came to a finding that no case of cruelty was made out, rather the appellant was trying to take advantage of his own misdeeds. It was also noticed that the respondent was living in her matrimonial house for about 8 months and no case of desertion was made out. A complaint case filed by the appellant has also been dismissed. In our view, the findings given by the learned Family Court in the order under appeal do not permit any interference. We find no merit in this appeal. It is accordingly dismissed. No costs. sk/pn (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)