IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.224 of 2009 SATYENDRA KUMAR SRIVASTAVA, S/O LATE DINANATH PRASAD SINHA, RESIDENT OF MUHALLA- DIGHI NORTH, STATION ROAD, DARBHANGA, P.O. LALBAGH, P.S. TOWN, DARBHANGA, DISTT. DARBHANGA……. APPELLANT Versus SMT. SUPRIYA VERMA, W/O SRI SATYENDRA KUMAR SRIVASTAVA, DAUGHTER OF SHRI SUNIL KUMAR VERMA, RESIDENT OF MOHALLA- PARGIT GAS INDUSTRIAL AREA DONAR KABIR CHOK, P.S. SADAR DARBHANGA, DISTRICT- DARBHANGA……………………………….. RESPONDENT ----------- 8 2-11-2010 Heard learned counsel for the appellant.In spite of notice the sole respondent has not appeared. We had issued notice to the respondents in order to explore whether there was any possibility of amicable settlement of matrimonial dispute and on the condition that appellant shall deposit Rs.5,000/- with the Registrar General of this court by way of security for expenses of the respondent if she appears and participates in the proceeding On merits the learned Family Court has considered the case of rival parties and has come to a finding that the respondent wife has succeeded in proving the cruelty and torture meted to her. According to the respondent’s case she used to get up early in the morning, do worshipping and take vegetarian meal and such life style was not to the liking of the husband and on that account also there were regular abuses against her and at times she was also subjected to assault. Apprehending danger to her life she left the matrimonial house and and had to file divorce petition almost within a year of the marriage. Considering that the findings of acts have been given on the 2 basis of cogent evidence available on record, we do not find any good material to admit this appeal and keep pending the apperal and the same is accordingly dismissed. There shall be no order as to costs. The Registrar General shall take urgent steps to refund the amount of Rs. 5,000/- deposited by the learned counsel for the appellant to him. Our observation made above will not be construed that we have given independent findings on merits. ( T. Meena Kumari,J) ( Shiva kirti Singh,J) Naresh