IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Mat.Appeal.No. 386 of 2008() ---------------------------- OP.554/2007 of FAMILY COURT, KANNUR .................... APPELLANT/ 1ST PETITIONER; ---------------- P.RAHUL, S/O.LATE KUNHIKANNAN MASTER, AGED 35, PERMANENTLY RESIDING AT 'SREE RAMA KRIPA' VENGORE, KANNUR DISTRICT (PRESENTLY IN DUBAI). BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT/ 2ND PETITIONER: ------------------- PRIYA RAHUL, D/O.P.V.KRISHNAN, AGED 27, "THIRUVATHIRA", BATHAL VIHAR, P.O.EZHILODE, KANNUR DISTRICT. ADV. SRI.M.SASINDRAN FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A.NOS.2178 & 3060/2008 IN MAT.APPEAL NO.386/2008 ----------- Dismissed 18/11/2008 Sd/- P.R.RAMAN, JUDGE. Sd/- T.R.RAMACHANDRAN NAIR,JUDGE. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- MAT APPEAL.NO.386 OF 2008 -------------------------------- Dated this the 18th day of November, 2008 JUDGMENT Raman,J. This is an appeal filed by the husband against the judgment dated 12-3-2008 of the Family Court, Kannur in O.P.No.554/2007, a joint petition filed under Section 13B of the Hindu Marriage Act. But before final orders were passed the wife deposed that she is not pressing the petition and she does not want any relief. Thus Section 13B petition could not be processed and since one of the parties withdrew from the joint petition under Section 13B, it was dismissed, against which the present appeal is filed. During the pendency of the appeal, several attempts were made by this Court for an amicable settlement of various disputes between the parties. But in spite of such earnest efforts made, the matter could not be settled. 2. In the circumstances, we heard the appeal. -2- Mat. Appeal No.386/2008 3. Since one of the parties withdrew from the joint petition for divorce, the court below had no alternative but to dismiss the said petition. Hence, we do not find any error in the judgment under appeal. Accordingly, this appeal is dismissed. However, the dismissal of the appeal will not stand in the way of the appellant seeking any relief by filing separate petition. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.