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1993 Supreme(Raj) 296

R.S.KEJRIWAL, N.K.JAIN
KUSUM – Appellant
Versus
KAILASH CHOUDHARY – Respondent


Advocates Appeared:
B.L.Khatri, M.M.Singhvi, T.S.CHAMPAVAT, YASHVANT MEHTA

Judgment


N. K. JAIN, J.

( 1 ) THIS appeal under S. 19 of the Family Courts Act is directed against the order dated 11-5-93 passed by the learned Judge, Family Court, Udaipur.

( 2 ) THIS appeal has been filed on 21-5-93. A notice to show cause was issued on 27-5-93 and in the meanwhile the father respondent was permitted to meet the children but he was not allowed to take the children out of house of the appellant. The appeal has come up before us and as agreed the same is heard finally.

( 3 ) MR. Singhvi has put in appearance on behalf of the respondent and raised a preliminary objection regarding the maintainability of the misc. appeal on the ground that the same has been filed against an interlocutory order. He has relied on Major Raja P. Singh v. Smt. Surendra Kumari, AIR 1991 Raj 133.

( 4 ) ON the other hand Mr. Champawat, learned counsel for the appellant has vehemently opposed the objection raised and submitted that since the matter has already been finally adjudicated and no proceedings are pending before the Family Court, Udaipur.

( 5 ) HEARD learned counsel for the parties and perused the impugned order so also the divorce order.

( 6 ) IT is no doubt true that under S






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