JUDGMENT :

(J.B.PARDIWALA)

1. This appeal under Section 19 of the Family Courts Act, 1984 (for short ‘the Act’) is at the instance of the original plaintiff and is directed against the order dated 17.7.2019 passed by the Principal Judge, Family Court, Surat below Ex.1 in the Family Suit No.70 of 2019, by which after preliminary hearing the Family Court thought fit to return the plaint to the appellant herein for being presented before the Court of competent jurisdiction.

2. The impugned order reads thus :-

“Read the plaint. Heard the learned Advocate for the petitioner. Perused the record of the case.

2. The petitioner has presented this suit for a decree of declaration of his matrimonial status under the provisions of Section 7(b) of the Family Courts Act, 1984.

3. At the time of presentation of the suit, an objection was raised regarding jurisdiction to file the present suit before this Court, as the petitioner is residing at USA and the respondent is residing at Madagascar and their divorce has taken place at Mumbai and hence, the matter was for kept for hearing on the point of jurisdiction.

4. I have heard the learned advocate for the petitioner. The learned Advocate for the petition