IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.99 of 2009 10 15.2.2010 Pankaj Kumar Parag son of Sri Nawas Ram, resident of village Badhupar, P.S. Mohania, district Kaimur ... Plaintiff/ Petitioner/ Appellant VERSUS 1. Asha Devi D/o Ram Bilas Ram 2. Ram Bilas Ram son of Namalum, both resident of Baheri, P.S. Bhabua, district Kaumur at Bhabua ... Defendants/Opp.Parties/Respondents ------- Heard learned counsel for the appellant and learned counsel for respondent no.1. On 11.1.2010, this Court had indicated that matter shall be listed on 15th February, 2010 when respondent no.1, Asha Devi, should remain personally present so that the Court may consider whether there was possibility of reconciliation. The appellant was also directed to be present. Learned counsel for the appellant submits that for some reason the appellant could not come and hence, the matter be adjourned. The respondent, Asha Devi, is personally present in Court. Through counsel as well as personally, she has informed this Court that she has apprehension to her well 2 being and life and, therefore, she does not want to go with the appellant and reside with him as husband and wife. Same apprehension was expressed by the respondent before the Family Court and considering relevant materials as well as a criminal case, ultimately filed by the respondent against her husband, the Family Court did not find it fit to allow the appellant’s prayer for restitution of his conjugal rights vis-à-vis the respondent. In the facts of the case, we find no good reason to interfere with the order of the Family Court. The appeal is found to be without any merits. It is dismissed accordingly. There shall be no order as to costs. (Shiva Kirti Singh, J.) (C. M. Prasad, J.) sk