JUDGMENT :

G.A. Sanap, J.

1. In this appeal, filed under Section 19 of the Family Courts Act, 1984, the appellant/original petitioner has challenged the judgment and order dated 16th January, 2012 passed by the Principal Judge, Family Court, Nagpur, whereby the learned Judge of the Family Court dismissed the petition No.A/395/2009 seeking the decree of restitution of conjugal rights and petition No.E/29/2009 seeking maintenance from the respondent under Section 125 of the Code of Criminal Procedure filed by the appellant.

2. The facts leading to this case are as follows:-

According to the appellant, the marriage between her and respondent took place on 16th August, 2003 at Dikshabhoomi, Nagpur as per their customs and rites. After marriage they resided together as husband and wife. The appellant and respondent wanted a child and therefore, respondent took medical treatment from Medical Collage Hospital, Nagpur, Indira Gandhi Medical Collage and Hospital Nagpur, Meyo Hospital, Nagpur and Tamaskar Test Tube Baby Centre, Ramdaspeth, Nagpur. Appellant always accompanied the respondent to the Hospital.

3. It is the allegation of the appellant that the respondent suppressed his first marriage