JUDGMENT :

This appeal has been directed against the judgment and decree dated 10.01.2018 passed by the Subordinate Judge, Gingee in H.M.O.P. No.32 of 2017 wherein the prayer for granting divorce was dismissed.

2. Learned counsel appearing for the appellant submitted that the appellant and the respondent got married on 15.02.2013 at Gingee Town as per Hindu rights and customs and thereafter, the appellant filed H.M.O.P. No.32 of 2017 on the file of the Sub Court, Gingee seeking divorce. Aggrieved by the impugned judgment and decree the appellant has filed this Appeal before this Court.

3. It is seen from records that during the pendency, the respondent wife has filed a memo dated 01.02.2021 raising a preliminary objection on the maintainability of the appeal stating that as against the decree passed by the Sub Judge, Gingee, the statutory appeal remedy would be available to the parties concerned under Section 28 of the Hindu Marriage Act, 1955 only before the District Court of the concerned jurisdiction, hence the appellant has no right to file an Appeal before this Court under Section 19 of the Family Courts Act, 1984. It is useful to refer Section 28 of the Hindu Marriage Act, 1955