IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.749 of 2009 AMITESH KUMAR, S/o. Awadhesh Kumar, Mohalla of Post Office Road Raxaul, P.S. + P.O.- Raxaul, District- East Champaran. ------ Appellant. . Versus RANI DEVI, W/o. Amitesh Kumar, Daughter of Jagdish Prasad, Mohalla- Post Office Road, P.S. + P.O. Raxaul, District- East Champaran. --------- Respondent. ----------- 12. 23.02.2010 Heard learned counsel for the appellant and perused the order under appeal whereby the learned Principal Judge, Family Court, Motihari has dismissed the divorce case filed by the appellant. From the discussions made in the order under appeal, it is clear that all the available materials have been carefully considered by the learned Principal Judge and on a proper consideration he has given a finding that the appellant failed to prove the allegation of cruelty and adultery leveled against the respondent wife. The discussions show that even before marriage both the families were well known to each other and the allegation of adultery has been disbelieved for good reasons such as inability to name the alleged paramour although in deposition the appellant claimed to have seen his wife with the alleged paramour. From the evidence adduced on behalf of the respondent it appears 2 that she was not only turned out from the house soon after the marriage but a criminal case was also lodged against her and her mother and thereafter she claims to have revealed the truth through a criminal case alleging torture for dowry. In the facts of the case, we find no illegality or error in the order of the Principal Judge, Family Court, Motihari. We find no merit in this appeal, it is accordingly dismissed in limine. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)