IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.750 of 2009 CHUNMUN SAH, SON OF PARAU SAH, RESIDENT OF VILLAGE- CHANDARAHIYA, P.S. MOTIHARI MUFFASSIL, DISTRICT- EAST CHAMPARAN, MOTIHARI…………………………APPELLANT Versus MEENA DEVI WIFE OF CHUNMUN SAH, DAUGHTER OF LATE LAXMAN SAH, RESIDENT OF VILLAGE- RAGHUNATH PUR, P.S. TURKAULIYA, DISTRICT- MOTIHARI……RESPONDENT ----------- 10 15-3-2010 Heard learned counsel for the appellant on the point of admission. Also perused the judgment under appeal dated 27-1-2006 passed by Principal Judge, Family Court, Motihari in Matrimonial Case No. 58/2006/28/2004 whereby the suit for divorce filed by appellant- husband has been dismissed ex parte without costs. The appellant had sought divorce on the ground that her wife was leading an adulterous life and she has given birth of a male child during the period when the appellant was away working in the city of Bombay. Learned Principal Judge, Family Court, Motihari has considered the entire materials and on consideration of the pleadings, evidence and circumstances has come to the conclusion that there was no reliable material to support the allegations levelled by the appellant. Neither the appellant nor his witnesses could name any person with whom the respondent-wife was having alleged adulterous relationship. Failure to name and implead the adulteroy has rightly been taken as an adverse circumstance against the case of the appellant. On considering the deposition of the appellant and his witnesses it has been noticed that the age of the child was admitted to be 4-5 years and it is same as the period during which the appellant claimed to be separate and away from 2 his wife. The court below has rightly concluded that the aforesaid facts do not rule out the possibility of the child being conceived when the appellant was with his wife. Upon considering all the facts and circumstances and the materials available on record, we find no merit in this appeal. It is accordingly dismissed. Naresh ( Shiva Kirti Singh, J.) ( Gopal Prasad, J)