The High Court of Kerala dismissed the matrimonial appeal as infructuous. The respondent sought withdrawal of the underlying O.P.No.327/2013, which was granted, thereby rendering the current appeal devoid of purpose.
O.P.No.327/2013 dismissed as withdrawn; Matrimonial Appeal No.737/2013 dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 28TH DAY OF JANUARY 2014/8TH MAGHA, 1935
Mat.Appeal.No. 737 of 2013
(AGAINST THE ORDER DTED 11/10/2013 IN I.A.NO.896/2013 IN O.P.NO.327/2013 OF FAMILY COURT, MUVATTUPUZHA)
APPELLANT(S)/PETITIONER IN IA NO.896/2013/ RESPONDENT IN THE OP.:
RAJU A. FERNANDES, S/O.LATE SHRI ALEXANDER, RITA DALE, KADAKONAM P.O., CHIRAYINKIL, THIRUVANANTHAPURAM, NOW RESIDING AT 20A/21, TAKSHILA, MAHAKALI CAVES ROAD, ANDHERI (E), MUMBAI-400 069.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH MENON SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI
RESPONDENT/RESPONDENT IN IA NO.896/2013/ PETITIONER IN THE O.P.:
VIJIMOL VINCENT, D/O.M.J.VINCENT, RESIDING AT 7B/CITY BAY, ASSET HOMES, HILL PALACE ROAD, THRIPPUNITHURA-682 301.
BY ADV. SRI.T.M.RAMAN KARTHA
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
HARUN-UL-RASHID & ALEXANDER THOMAS, JJ.
==================
Mat Appeal No.737 of 2013 ================== Dated this the 28th day of January, 2014 J U D G M E N T
HARUN-UL-RASHID, J.
The appeal is preferred challenging the order dated 11.10.2013 in I.A.No.896/2013 in O.P.No.327/2013 on the file of the Family Court, Muvattupuzha. The appellant is the petitioner in I.A.No.896/2013 and the sole respondent herein is the petitioner in O.P.No.327/2013. For and on behalf of the petitioner in O.P.No.327/2013, who is the respondent herein, the learned counsel seeks permission to withdraw O.P.No.327/2013 without prejudice to the right of the petitioner to move afresh, if so advised. The said request is allowed and O.P.No.327/2013 on the file of the Family Court, Muvattupuzha, is dismissed as withdrawn without prejudice to the right of the petitioner therein to seek appropriate remedies before any forum available, if so advised. Consequently, M.A.No.737/2013 has become infructuous and, therefore, the same is dismissed.
Sd/HARUN-UL-RASHID, JUDGE
Sd/sdk+ ALEXANDER THOMAS , JUDGE
///True copy///
P.S. to Judge
2 issues framed by the court
Whether the withdrawal of the underlying O.P. render the matrimonial appeal infructuous.
Whether the appellant is entitled to any relief after the withdrawal of the underlying petition.
RAJU A. FERNANDES
VIJIMOL VINCENT
HARUN-UL-RASHID
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
