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 o