Rakesh Tiwari, J.— Heard counsel for the parties at length and perused the record.

2. This second appeal has been filed by the plaintiff appellant challenging validity and correctness of the judgment and decree dated 10.8.2009 passed by Additional District Judge, court No.5, Budaun in civil appeal No.30 of 2007, Smt. Nazma Siddiqui and others v. Rizwan Ali Khan, arising out of judgment and decree dated 20.3.2007 passed in Original Suit No.12 of 1999, Rizwan Ali Khan v. Smt. Nazma Siddiqui and others.

3. Brief facts of the case are that plaintiff appellant Rizwan Ali Khan filed original suit No.12 of 1999, in the Court of Civil Judge (J.D.), Sahaswan, District Budaun against defendant respondent No.1 Nazma Siddiqui for restitution of conjugal rights.

4. According to the plaint case, the plaintiff appellant was married with defendant respondent No. 1 Nazma Siddiqui on 25.9.1998 according to Muslim customs; that the marriage had taken place in Mohalla Katra, Tehsil Sahaswan, Budaun; that Nazma Siddiqui is major and is a graduate; that she had married with the plaintiff of her own free Will at Masjid Katra; that as elder sister of Nazma Siddiqui had not been married by that time,