IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Mat.Appeal.No. 308 of 2009() ---------------------------- OP.224/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): APPELLANT ------------------------ SOUDABI, D/O.KUNHAYIN, AGED 31 YEARS, ULISSERI KUNNU, NALLALAM P.O., KOZHIKODE. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): --------------- ASEES K.P., S/O.MOIDEEN KOYA, AGED 39 YEARS, KATTUVAYAL PUZHANANDAMMAL, KARAPARAMBA P.O., KOZHIKODE. ADV. SRI.VINOD SINGH CHERIYAN FOR R1 SRI.R.SUDHISH FOR R1 SMT.M.MANJU FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * Mat.Appeal No.308 of 2009 ---------------------------------------- Dated this the 19th day of July 2010 J U D G M E N T Basant,J The appellant/wife has come to this Court to challenge a decree for restitution of conjugal rights secured by the respondent/husband against her. When this appeal came up for hearing, both sides submit that the parties have settled their disputes and divorce has been effected by pronouncement of talaq by the respondent herein with effect from 15/5/2010. In these circumstances, the impugned decree for restitution of conjugal rights has lost its purpose and meaning, submit both counsel. They pray that the Mat.Appeal may now be allowed and the impugned order be set aside. 2. We accept the request of the learned counsel. 3. In the result, a) This Mat.Appeal is allowed, as prayed for by both sides. b) The impugned order for restitution of conjugal rights, which has now become irrelevant in view of the subsequent divorce, is hereby set aside. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) Mat.Appeal W.P.C.No. of 2010 2 W.P.(Crl) Mat.Appeal W.P.C.No. of 2010 3 W.P.(Crl) Mat.Appeal W.P.C.No. of 2010 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 19/07/2010