family members have been facing innumerable instances of cruelty coupled with desertion. The reasonings given by the appellant that only because of the shifting of the company, namely, M/s. Alsthom from Chennai to Coimbatore and then from Coimbatore to Calcutta and thereafter to Karnataka although appeared to be sound because he had to follow the dictums made by his employer, at no point of time, he has taken care of his family. Since the respondent's family members have extended a timely useful helping hand to the respondent for running a Mobile Shop when the respondent was not even a graduate and appears to have studied only upto VIII Standard, persistently, keeping in mind the future of the innocent children was able to run the mobile shop and through the earnings, she has educated the two children and they are now employed as I.T. Professionals in Bangalore. After knowing the prospects of the family which had undergone inevitable hurdles during the past 16 years, the appellant with a view to harvest the hardwork invested by the respondent in bringing up the family and educating the children has attempted to come back after 16 years of separation when he has not even taken any pain or interest to come and see the children and he has not moved any application seeking the custody of the children. The absence of any such application clearly shows the bad character on the side of the appellant that he was a man of opportunity because when the respondent and her children were seeing the dark days of life, he has not even moved any oral prayer before the Family Court praying to grant the relief to see the children. Although he has moved an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, it is not known on what basis he could maintain that application when he was admittedly moving from Chennai to Coimbatore and Coimbatore to Calcutta and Calcutta to Karnataka at the behest of his employer and therefore, he cannot ask for restitution of conjugal rights as the respondent has already been taken care of the children by running a mobile shop. Therefore, the present appeals deserve to be dismissed, he pleaded.
