JUDGMENT (CAV)

Arun Kumar Jha, J.—The instant Miscellaneous Appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against judgment and decree dated 04.11.2015 and 21.11.2015, respectively, passed by the learned Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 81 of 2009.

Factual Aspects of the matter:—

2. The conspectus of case of the parties is that the respondent filed Matrimonial Case No. 81 of 2009 under Section 9 of the Hindu Marriage Act, 1955 (for short ‘HMA’) against the appellant/opposite party seeking restitution of conjugal rights against the appellant directing him to discharge his marital obligations towards the respondent. For the sake of convenience, we will be using nomenclature as used in the present appeal for further reference. From the petition of the respondent before the learned Family Court, it appears that she had been living in Bhagalpur and working in LIC in one of its Branches at Bhagalpur. The appellant solemnized marriage with the respondent on 9th November, 2003 according to Hindu Rites and Customs at Bhagalpur. Both appellant and respondent used to work in LIC and they were posted at LIC Office, District-Sahebganj, Jha