JUDGMENT :

J.K. MAHESHWARI, J.

1. This first appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the HMA) arises out of the judgment and decree dated 12.1.2018 passed by First Additional Principal Judge, Family Court, Jabalpur in Hindu Marriage Case No. 336-A/2013 by which the suit filed by the appellant/wife seeking restitution of conjugal right has been dismissed as not maintainable in view of the judgment of Division Bench of Chhattisgarh High Court in the Case of Santosh Kumar Pandey vs. Smt. Ananya Pandey, AIR 2013 Chh. 95.

2. On perusal of the impugned judgment, it reveal that the factum of performance of marriage pleaded by the appellant was denied in the written statement by defendant, however, observed that on having a denial of performance of marriage, petition under Section 9 of the HMA is not maintainable as per the judgment in the case of Santosh Kumar Pandey (supra). Therefore, the Family Court allowing the application filed by the respondent on 31.7.2014, dismissed the suit for restitution of conjugal right. While passing the said order, the Court has also referred the provision of Secti