IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 25309 of 2008(S) ----------- -------------------------- OP.387/2008 OF THE FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------------- E. PADMAPRIYA, D/O. EKANATH, RESIDING AT 23/165, KANNANTHRIKKOVIL LANE, KANNANKULANTHARA, THRIPUNITHURA, KANAYANNOOR TALUK. BY ADV. SRI.V.K.BALACHANDRAN RESPONDENT: ---------------------- P.D. RAJEEV, S/O. LATE DESHARATHAN, RESIDING AT 36/2504, MANAYIL LANE, AZAD ROAD, KALOOR, KOCHI-682017. ADV. SRI.V.K.GOPALAKRISHNA PILLAI FOR R1 SRI.GOPAKUMAR G. (ALUVA) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25309 OF 2008-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION AS I.A.1167/2008 IN O.P.387/08 OF THE FAMILY COURT, ERNAKULAM. EXT.P2 TRUE COPY OF THE COUNTER AFFIDAVIT TO I.A.1167/2008 IN O.P.387/08 OF THE FAMILY COURT, ERNAKULAM EXT.P3 TRUE COPY OF THE ORDER ON EXT.P1 DT.13.5.2008 EXT.P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS I.A.NO.2613/08 IN I.A.1167/08 IN O.P.387/08 OF THE FAMILY COURT, ERNAKULAM EXT.P5 TRUE COPY OF THE COUNTER AFFIDAVIT TO EXT.P4 FILED BY THE RESPONDENT EXT.P6 TRUE COPY OF THE ORDER IN I.A.2613/08 IN I.A.1167/08 IN O.P.387/08 OF THE FAMILY COURT, ERNAKULAM DATED 11.7.2008. / TRUE COPY / P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------------------ W.P.(C) No.25309 of 2008-S & I.A.No.3205 of 2009 ------------------------------------------ Dated, this the 12h day of March, 2009 JUDGMENT Gopinathan, J. The respondent married the petitioner on 21.12.2003 in accordance with the customary rites and two children, namely Radhika and Rohit were born out of the wedlock. While so, they fell apart. The petitioner herein filed O.P.No.29 of 2007 before the Family Court, Ernakulam seeking a decree of divorce on ground of cruelty. A petition as I.A.No.1558 of 2007 was filed by the respondent for the interim custody of the children. That was allowed. While so, the petitioner filed another petition as M.C.No.125 of 2007 under Section 125 of the Code of Criminal Procedure seeking an order for maintenance. She filed yet another petition as O.P.No.568 of 2007 seeking a decree for return of money. On the other hand, the respondent filed a petition as O.P.No.522 of 2007 seeking an order for restitution of conjugal rights. Later the respondent filed another petition as O.P.No.387 of 2008 for a decree declaring and appointing him as the guardian of the minor children. In that petition, he filed Ext.P1 petition (I.A.No.1167 of 2008) seeking an order for interim custody of the W.P.(C) No.25309 of 2008 2 child. Though the request of the respondent to get interim custody of the minor children was disallowed, I.A.No.1167 of 2008 was allowed to some extent by Ext.P3 order dated 13.5.2008. Thereafter the petitioner filed Ext.P4 petition (I.A.No.2613 of 2008) seeking modification of Ext.P3 order. Ext.P5 is the counter affidavit filed by the respondent. By Ext.P6 order dated 11.7.2008, Ext.P4 petition was dismissed. Seeking issuance of a writ of certiorari or any other appropriate writ, direction or order quashing Exts.P3 and P6 orders, this writ petition is filed. 2. During the course of the petition, the parties were sent for counselling to Dr.Prakash Chauhan, a Consultant Psychologist. 3. When the writ petition came up for hearing today, the petitioner and the respondent filed a joint petition, I.A.No.3205 of 2009, wherein it is stated that they have amicably settled the matrimonial dispute and had been residing together and prayed for dismissal of the writ petition. In the result, I.A.No.3205 of 2009 is recorded and this writ petition is dismissed. All proceedings relating to the matrimonial dispute, namely, O.P.No.29 of 2007, M.C.No.125 of 2007, O.P.No.522 of 2007, O.P.No.568 of 2007 and O.P.No.387 of W.P.(C) No.25309 of 2008 3 2008 on the file of the Family Court, Ernakulam would stand struck off from the file of the Family Court, Ernakulam. The petition I.A.No.3205 of 2009 would form part of this judgment. Sd/- P.R.RAMAN, JUDGE Sd/- P.S.GOPINATHAN,JUDGE vns/sl