JUDGMENT :

Surya Prakash Kesarwani, J.

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

2. This first appeal under Section 19 of the Family Courts Act, 1984 has been filed praying to set aside the judgment dated 04.08.2022 and the decree dated 12.08.2022 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 defendant-respondent/wife was married with the plaintiff-appellant/husband on 12.05.1999. 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 plaintiff-appellant 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 b