Harilal, J.
The appellants herein are the respondents and the respondent herein is the petitioner in O.P.(G&W) No.822/2011 on the files of Family Court, Kottayam. The above Original Petition was filed for appointing the respondent herein as the guardian of the minor child by name Ashly and also to get permanent custody. After trial, the Family Court allowed the Original Petition and directed the respondents therein to hand over the custody of the child to the respondent herein with certain conditions. Challenging the said order the respondents therein have preferred this Mat. Appeal with an interim prayer.
2. In the meantime, the respondent herein filed E.P. No.25/2014 before the Family Court alleging that the appellants herein have violated the directions in the impugned order under challenge. The learned counsel for the respondent submits that though warrant had been issued to produce the child before the Court, the same has been kept in abeyance in compliance with the interim order dated 10.10.2014. At present the grievance of the respondent is that due to the non compliance of the direction in the impugned order under challenge he is unable to visit his child, so also the disposal of the Execution Petition is also delayed, by the interim order referred above.
3. Heard the learned counsel appearing for the appellants as well as the learned counsel apoearing for the respondent.
4. Going by the judgment under challenge, it could be seen that the respondent herein is appointed as the guardian of the minor child Ashly and the permanent custody of the child was given from 1.5.2014. An interim arrangement was also made till then for three months period. Now, the grievance of the respondent is that the appellants have not complied with the directions in clause nos. 'b' to 'd'.
5. The counsel appearing for the appellants submits that they are ready and willing to produce the child as and when required by the Family Court.
6. Having regard to the facts and circumstances of the case, we are of the opinion that, at first, it is for the family Court to decide the issues raised before us, in connection with the interim custody, in the Execution Petition itself. So, the parties are relegated to the Family Court and the Family Court is directed to dispose the Execution Petition No. 25/2014, after hearing both sides at the earliest, at any rate within a period of 45 days. The appellants are directed to produce the child before the Family Court on 20.11.2014 and the warrant shall be kept in abeyance till 20.11.2014, failing which the warrant issued by the Family Court will stand in force.
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V.K. MOHANAN, JUDGE.
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K. HARILAL, JUDGE.
//True Copy// P.A. to Judge jjj