MADHAVAN Vs. CHELLAMMA

JUDGEMENT

(1.) The question to be decided is regarding the maintainability of appeal filed under S.19 of the Family Courts Act against an order of the Family Court, returning the O.P. filed before it as not maintainable for presentation before the proper court. An application was filed before the Family Court by the Appellant. The Family Court found that the application will not lie before it and therefore it is not maintainable and therefore the Original Petition was returned for presentation before the proper court. Challenging the above order this appeal has been filed. The Registry objected the same saying that such appeal can be filed only under O.XLIII, R.1(a) of CPC. Ss.19(1) and 19(5) of the Family Courts Act, 1984 reads as follows: