IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Mat.Appeal.No. 72 of 2010(A) ---------------------------- OP.396/2009 of FAMILY COURT, MALAPPURAM .................... APPELLANT /RESPONDENT ------------------------------------ MUHAMMED NISHAD, AGED 29 YEARS, SON OF PARAYIL NMUHAMMEDALI, PARAYIL HOUSE, CHOVVALLOOR, NEAR MARGIN FREE MARKET, KANDASSERY P.O, GURUVAYOOR. BY ADV. SRI.K.MOHANAKANNAN RESPONDENT : PETITIONER ------------------------- RAHNA, AGED 26 YEARS, DAUGHTER OF SAFARU, CHAKKAMBULLY HOUSE, VENGINIKKARA, EDAPPAL, PONNANI TALUK, PONNANI. ADV. SRI.K.B.ARUNKUMAR FOR CAVEATOR THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** Mat.Appeal No.72 of 2010 ********************* Dated this the 23rd day of July, 2010 JUDGMENT BASANT, J. The learned counsel for the appellant submits that the appellant/husband has got remarried and, in these circumstances, he does not now want to challenge the order passed under the Dissolution of Muslim Marriage Act dissolving the marriage between him and the respondent. This is without prejudice to his right to prosecute Mat.Appeal No.464 of 2009 and R.P.F.C No.311 of 2009, submits the learned counsel. We accept the same. 2. This Matrimonial Appeal is, in these circumstances, dismissed as withdrawn without prejudice to the right of the appellant to prosecute Mat.Appeal No.464 of 2009 and R.P.F.C No.311 of 2009. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ 2