IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 35208 of 2009(R) -------------------------- O.P.No. 288/07 of Family Court, Malappuram PETITIONER(S): 1ST RESPONDENT: ------------------------------ USMAN, AGED 40 YEARS, S/O.ABDUL RAHIMAN, CHERU VALAPPIL HOUSE, P.O.PONNANI NAGARAM, MALAPPURAM, REPRESENTED BY THE POWER OF ATTORNEY HOLDER, SAMAD C.V. -DO-. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT(S): PETITIONER: -------------------------- 1. NUSRATH, AGED 28 YEARS, D/O.ABDUL HAMEED, KHADEEJA MANZIL, ATTIYAMAKKANAKATH PUTHAN MALIYEKKAL, NARIPARAMBA P.O., MALAPPURAM. 2. STATE OF KERALA, REPRESENTED THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. RAVINDRA BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.35208 of 2009 ---------------------------------------- Dated this the 8th day of December 2009 J U D G M E N T Basant,J Heard. In response to a specific query by this court as to how Ext.P4 order can be challenged in W.P.C under Article 226 and 227 of the Constitution of India and not by a regular appeal under Section 19 of the Family Court Act, the learned counsel for the petitioner only prays that he may be permitted to withdraw this writ petition without any fetter on his right to challenge Ext.P4 order by a properly instituted appeal under Section 19 of the Family Court Act. 2. Request Accepted. This writ petition is dismissed making it clear that the dismissal of this petition will not in any way fetter the rights of the petitioner to challenge Ext.P4 order in a properly instituted appeal. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl/Mat.Appeal No. 2 W.P.Crl/Mat.Appeal No. 3 W.P.Crl/Mat.Appeal No. 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009