NIRAJ KUMAR SINHA S/O LATE NAND KISHORE PRASAD Vs. ANITA SINHA W/O SRI NIRAJ KUMAR SINHA, D/O SRI A.K.P. PRASAD

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) This appeal is by the husband of the respondent who is aggrieved by the judgment and order of the Principal Judge, Family Court, Patna, whereby his prayer for dissolution of marriage by a decree of divorce has been rejected and matrimonial case no. 354 of 2007 has been dismissed on the ground that appellant has failed to prove the case of cruelty or desertion.

(3.) Learned counsel for the appellant has referred to the relevant issues and their discussions made by the learned court below with a view to convince us that the issue of cruelty has not been properly considered or decided. According to the learned counsel for the appellant the three instances given by the appellant, that he was administered sleeping pills which led to hospitalization, emergency light was thrown on him causing some injury and an attempt was made to cause burn injury to him should have been accepted by the court below for holding that a case of physical and mental torture was made out for grant of divorce.