IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Mat.Appeal.No. 454 of 2007() ---------------------------- OP.386/2006 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): APPELLANT: PETITIONER: ------------------------------------- HEMACHANDRAN, S/O. VISWANATHA PANICKER, NIRMALYAM, CHARIKODE, KAKKAYUR, PALAKKAD, PRESENTLY AT P.O. BOX 17804, JEBEL ALI, FREE ZONE, DUBAI, U.A.E. BY ADV. SRI.P.S.KRISHNA PILLAI SRI.N.JOHN SAM RESPONDENT(S): RESPONDENT: -------------------------- SUDHA HEMACHANDRAN, 122B, RANKA COLONY, BILEKKAHALI,BANNERGHATTA ROAD, BANGALORE-560 076. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A. No.454 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of August, 2010. JUDGMENT Basant J., This appeal is directed against an order dismissing an application for restitution of conjugal rights. Today, when the matter came up for hearing, the learned counsel for the petitioner submits; and I.A. No. 2221 of 2010 has been filed to that effect, that the appeal may now be dismissed as withdrawn without prejudice to any other remedy which may be available to the parties under the matrimonial law. There is no representation for the respondent. We are satisfied that the prayer for dismissal of the appeal can be allowed. M.A. No.454 of 2007 : 2 : 2. Accordingly, this Appeal is dismissed as withdrawn. Needless to say, the dismissal of the appeal will not, in anyway, fetter the rights of the appellant/ petitioner to pursue any other remedy available to him under the matrimonial law. R. BASANT, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/