High Court Kerala High Court

Ansar.T.H. vs Najim Shah on 23 July, 2008

Kerala High Court
Ansar.T.H. vs Najim Shah on 23 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18082 of 2008(S)


1. ANSAR.T.H., AGED 38 YEARS,
                      ...  Petitioner

                        Vs



1. NAJIM SHAH, D/O.MUHAMMAD HANEEFA,
                       ...       Respondent

                For Petitioner  :SRI.SIRAJ KAROLY

                For Respondent  :SRI.K.ABDUL JAWAD

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :23/07/2008

 O R D E R
            KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
                -----------------------------------------
                    W.P.(C). No.18082 OF 2008
                -----------------------------------------
               Dated this the 23rd day of July, 2008.


                          J U D G M E N T

Kurian Joseph, J.

Prayer is for expeditious disposal of Exhibit P1 petition for

restitution of conjugal rights filed by the petitioner before the

Family Court, Trivandrum (transferred from Family Court,

Kottayam to Family Court, Trivandrum) as O.P.No.1175/2007.

2. During the pendency of the writ petition, we had asked

the parties to be present before this Court. After series of

discussions also through the Conciliator cum Mediator, the

emerging picture is that there is hardly any possibility of the

parties living together happily free from the interference of other

family members of both parties.

3. In such a situation, the petitioner submits before us that

he is no more interested in pursuing the matter and he cannot

wait any further. Therefore, he may be permitted to withdraw

the petition before the Family Court for restitution of conjugal

rights, it is submitted.

W.P.(C). No.18082/08 2

In view of the factual position as referred to above, we do

not find any point in the petitioner pursuing the petition for

restitution of conjugal rights. Accordingly, O.P.No.1175/2007

pending before the Family Court, Trivandrum is dismissed as

withdrawn and this writ petition is dismissed.

Registry will communicate a copy of this judgment to the

Family Court, Trivandrum.

KURIAN JOSEPH
JUDGE

HARUN-UL-RASHID
JUDGE

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