Shiv Kirti Singh, J.—Heard the parties.

2. This appeal is directed against the judgment and decree dated 15.12.2001 passed by the Principal Judge, Family Court at Patna in Matrimonial Case No. 16 of 1996 whereby the learned Court below has allowed matrimonial suit filed by respondent, who is husband of the appellant and has passed a decree for dissolution of marriage.

3. The materials available on record including facts mentioned in the order under appeal show that efforts for reconciliation failed and the appellant stuck to her stand that she will not live with the husband unless her safety is ensured. Hence the first prayer in the suit for restitution of conjugal rights was not deemed proper and feasible by the learned Court below.

4. In the light of various issues framed by the Court below and indicated in paragraph 7 of the judgment, only issue no. 3 & 4 have been discussed in detail and ultimately a finding has been recorded at the end of paragraph 21 in the following terms:—

“The allegations levelled against the petitioner respondent herein are not proved. Levelling of such allegations will amount to cruelty by wife.”

5. The instances of cruelty alleged by the husband ha