AZIZURRAHMAN Vs. HAMIDUNNISHA

JUDGEMENT

(1.) Heard learned counsel for the plaintiff appellant/husband.

(2.) This first appeal under Sec. 19 of the Family Courts Act, 1984 has been filed praying to set aside the judgment dtd. 4/8/2022 and the decree dtd. 12/8/2022 in Matrimonial Case No.188 of 2015 (Azizurrahman vs. Hamidunnisha @ Sharifunnisha) passed by the Principal Judge, Family Court, Sant Kabir Nagar whereby the plaintiff's suit for restoration of conjugal rights, has been dismissed.

(3.) Briefly stated facts of the present case are that the defendantrespondent/ wife was married with the plaintiff-appellant/ husband on 12/5/1999. The defendant-respondent has only one sister and no brother. The other sister had died. Thus, the defendant-respondent is the only surviving issue of her father. From the wedlock of the plaintiffappellant and the defendant-respondent, four children were born, out of which one has died and thus, two sons and one daughter remain surviving children of the plaintiff-appellant and defendant respondent. The father of the defendant-respondent has gifted his immovable property to the defendant-respondent and she is living with her old father who is stated to be more then 93 years old and is looking all his care. The plaintiff-appellant has contracted second marriage and suppressed the fact, but the fact of second marriage and also that some children were born from the wedlock with the second wife, was admitted by own witnesses of the plaintiff-appellant. The plaintiffappellant/ husband has admittedly neither told the defendantrespondent/ wife either about his intention to contract second marriage nor explained the defendant-respondent that he shall give equal love, affection and treatment to both the wives. Briefly, on these facts the impugned judgement has been passed which has been challenged by the plaintiff appellant-husband.