SHEO KUMAR SINGH Vs. KAMIA WATI DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused the judgment of the Principal Judge, Family Court, Bhojpur, Ara dated 14th of February, 2008 whereby Matrimonial Case No. 52 of 2003/86 of 2005 filed by the appellant (petitioner) has been dismissed and his prayer for restitution of conjugal rights and in alternative for a decree of divorce has been rejected.

(2.) On a careful consideration of the case of the appellant-husband and his wife- respondent, we find it fully considered in the judgment under appeal and it is clear that after about 22 years of the marriage, only because the respondent could not bear a child, she has been ill-treated and turned out of the house and the appellant, according to respondent has married one Kiran Kumari.

(3.) Besides oral evidence, a number of documentary evidence have also been considered by the learned Family Court. Paragraphs 7 refers to the documents filed on behalf of the respondent-wife which include Exhibit-'G' and Exhibit-'H'. We have perused those documents. Exhibit-'H' is a proforma receipt filled up by someone who has not signed on the receipt but it shows that on 10.6.2002 the appellant was married with Kiran Kumari, daughter of one Sarabjeet Singh whose address is also mentioned in Exhibit-'G'.