Kailash Prasade Deo, J. - (1.) Heard learned counsel for the parties.
(2.) The instant appeal has been preferred by the husband/petitioner/appellant against the dismissal of the suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 vide order dated 22.12.2016 passed by learned Principal Judge, Family Court, Bokaro, in O.S. No.64 of 2016.
(3.) The brief facts of the case are that marriage between the appellant/petitioner (Manoj Kumar Mishra) and the respondent/defendant (Snehlata Choudhary) was solemnized on 06.03.2006 as per Hindu Rites and Customs at the residence of father of respondent-wife at Jamtara. After marriage, the respondent-wife went to Bokaro on 07.03.2006 and started living conjugal life at the house of appellant/petitioner at Bokaro as husband and wife. From the said wedlock, they have been blessed with two daughters, namely, Aradhya and Purnima who are aged about 9 years and 1 years 3 months respectively at the time of filing of the application in the year 2016. As per the case of the appellant/petitioner, he is working as English Teacher at D.A.V. Public School, Bokaro, whereas the respondent/defendant is working as Para-Teacher under the Government of Jharkhand posted at Jamtara i.e. native place of respondent/defendant. It is stated that for 2 years, the matrimonial ties was cordial. Thereafter the respondent/opposite party pressurized the appellant/petitioner to leave his job and settle at Jamtara by starting tuition as her job is a permanent job, whereas, the appellant /petitioner is doing a private job, which was not acceptable to the appellant/husband. Thereafter a case was filed against the husband under Dowry Prohibition Act at Mahila Police Station, Jamtara vide No.41 of 2012 under Sections 498A, 504 and 34 of the Indian Penal Code. The same ended in compromise because of conciliation between the parties on the basis of the joint compromise petition. The case under Section 498A was thus, disposed of.;