ABRAHAM K. MATHEN Vs. DR. PREETHI YOHANNAN

JUDGEMENT

(1.) THE parties to this Mat. Appeal are spouses who have a strained relationship between them. A prayer for custody and a prayer for divorce were pending before the Family Court. They have a child and the child is aged 4 years now. The application for guardianship was settled at the Lok Adalath and Annexure 1 award was passed by the Lok Adalath on the consent of the parties. In the divorce application, the respondent/husband filed objections. In the objections, he evidently raised a prayer that he may be allowed to visit the child on 31/01/2010 and thereafter on every alternate Saturdays. Arrangements regarding visitorial rights were already made in Annexure 1. The court below passed the impugned order under which the respondent/wife is "directed to produce the child before the Counsellor Smt. Chitra Devi from 11 a.m till 1 p.m on 31/1/2010". This appeal is seen preferred against the same direction.

(2.) THE learned Counsel for the respondent raises an objection that this order is purely interlocutory and is not hence appealable under Section 19. We find merit in that contention. Arrangements regarding visitorial rights of the appellant is stipulated in Annexure 1 award of the Lok Adalath. That is an executable order before the Family Court now.

(3.) WE find force in the submissions of the learned Counsel for the respondent. We are not persuaded to agree that the purely interim directions issued in the impugned order deserves or warrants interference in appeal. We record the submission of the respondent that the conditions in Annexure 1 shall be strictly complied with. The Family Court shall ensure that the said directions are complied with. Appropriate further directions to facilitate the proper implementation of the award in Annexure 1 can be issued by the Family Court from time to time.