VASANTI A. NAIK, J.

1. By this Family Court Appeal, the appellant challenges the judgment of the Family Court, Nagpur, dated 23.02.2010 allowing a petition filed by the respondent for restitution of conjugal rights, under Section 9 of the Hindu Marriage Act and directing the appellant to join her company for cohabitation.

2. Few facts giving to the Family Court Appeal are stated thus, The appellant (hereinafter referred to as 'the Husband' for the sake of convenience) and the respondent (hereinafter referred to as 'the Wife') were married at Nagpur according to Hindu rites and custom on 20.08.2002. It was the second marriage for both, the husband and the wife, inasmuch as the marriage of the husband with his first wife was dissolved by a decree of divorce and the first husband of the wife had expired. Both, the husband and the wife, had two issues each from their first marriage at the time of the solemnization of their marriage on 20.08.2002. The wife had two daughters from her first marriage and the husband had two sons from his first marriage. After three years from the solemnization of the marriage, the Wife filed a petition against the husband under Section 9 of the Hin