IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.362 of 2010 RAM PRASAD SAHU @ RAM PRASAD SAH, SON OF LATE MAHABIR SAH, RESIDENT OF VILLAGE MAHINAM, P.S. BAHERA, DISTRICT- DARBHANGA…….. APPELLANT Versus RITA DEVI & ANR…………………………..RESOIBDEBTS ----------- 7 11-3-2011 Heard the parties and perused the impugned order dated 10th January 2008 passed by the Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 49/2003 at the stage of Order 41 Rule 11 C.P.C. The court below has discussed the case of both the parties and the material relied by them. The appellant wanted divorce from his wife- respondent on the ground of adultery and desertion. Even the pleadings are not sufficient to sustain the case of adultery and the court below has rightly held that appellant has failed to prove the ground of adultery. So far as desertion is concerned, the case of the respondent is that after the second child was born who is a girl child, demand was made which they could not fulfill and she was driven out from her matrimonial house. The court below has accepted the defence of the respondent and that appears to be more plausible. There is no reason as to why the wife would voluntarily desert the protection of her 2 husband with two child, one aged 8 years and the other 4 years. On considering all the facts and circumstances, we find no merit in this appeal. It is accordingly dismissed. In the facts and circumstances of the case, there shall be no order as to costs. Naresh ( Shiva Kirti Singh, J.) ( Gopal Prasad,J)