THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SAMBASIVARAO NAIDU FAMILY COURT APPEAL No.50 of 2024 JUDGMENT: (per the Hon’ble Sri Justice P.SAM KOSHY The instant is an appeal under Section 19 of the Family Courts Act, 1984 preferred by the appellant/husband challenging the order dated 15.12.2023 in O.P.No.1378 of 2018 passed by the Principal Family Court-cum-XIII Additional Metropolitan Sessions Judge, Hyderabad (for short, the ‘Family Court’).

2. Heard Mr. Mohammad Abdul Qaiyoum, learned counsel for the appellant and Mr. Mohd. Abdul Basith, learned counsel for the respondent.

3. Vide the impugned judgment, the learned Family Court has returned the O.P. filed by the appellant/husband against the respondent/wife seeking restitution of conjugal rights. The said O.P. was returned for want of territorial jurisdiction reserving the liberty of the husband to file it before the appropriate Court having jurisdiction.

4. The relevant facts for deciding the present appeal are that the appellant/husband had filed a petition seeking for restitution of conjugal rights under Section 26 Order 7 Rule 1 and 2 of CPC read with Section 7 of the Family Courts Act. The jurisdiction disc