HONOURABLE SRI JUSTICE B.PRAKASH RAO AND HONOURABLE SRI JUSTICE G.V.SEETHAPATHY CIVIL MISCELLANEOUS APPEAL No.794 of 2002 JUDGMENT: (per the Hon’ble Sri Justice B.Prakash Rao) Heard both sides. The appellant, who is the husband, files this appeal under Section 19 of the Family Courts Act, 1984, aggrieved against the judgment and decree in O.P.No.99 of 1999 dated 21/01/2002 on the file of the Court of the Principal Senior Civil Judge, Warangal, allowing an application purported to have been filed by the respondent/wife under Section 9 of the Hindu Marriage Age, 1955, seeking restitution of conjugal rights. De hors the merits of the case, the principal objection raised on behalf of the respondent is in regard to the very maintainability of the appeal as has been filed. Admittedly, the case has not been decided by the Family Court constituted under the provisions of the Family Courts Act and it has been decided by the Principal Senior Civil Judge at Warangal. Necessarily it follows, the appeal has to be filed under Section 28 of the Hindu Marriage Act, but not under the provisions of the Family Courts Act much less Section 19 of the Family Courts Act could not have any application. Therefore, the appeal as has been filed is not maintainable. Accordingly, the Civil Miscellaneous Appeal is dismissed. Since the appeal is being rejected on the ground of non- maintainability, office is directed to return the papers to the appellant for enabling him to avail appropriate remedy available under law. No order as to costs. _________________ B.PRAKASH RAO, J ___________________ G.V.SEETHAPATHY, J 21st January, 2010 SKM