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 3RD JULY 2009 / 12TH ASHADHA 1931 Mat.Appeal.No. 105 of 2003(F) ----------------------------- AGAINST THE ORDER DATED 14/08/2003 IN OP.98/03 IN OP.99/2002 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): APPELLANTS/RESPONDENTS/PETITIONER ------------------------------------------------ MUHAMMED HANEEFA, S/O.HUSSAIN, AGED 32 YEARS, RESIDING AT KIZHAKKETHALAKKAL VEEDU, VELAMPOOR P.O., (VIA) ANGADIPURAM, PERINTHALMANNA, MALAPPURAM (DT). BY ADV. SRI.SURAJ.S RESPONDENT(S): PETITIONERS/RESPONDENTS -------------------------------------- A.V.SHAJIRA, D/O.KUHALIKUTTY, AGED 24 YEARS, RESIDING AT AZHUVALAPPIL VEEDU, PONNIYAKURUSSI P.O., PERINTHALMANNA, MALAPPURAM (DT). ADV. SRI.SAJEEV KUMAR K.GOPAL SRI.BINOY VASUDEVAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 3/7/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.1960/03 IN MAT. APPEAL NO.105 OF 2003: DISMISSED 3/7/2009 //true copy// R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- Mat. Appeal No.105 of 2003 ------------------------------------------------- Dated this the 3rd day of July, 2009 JUDGMENT Basant,J. This appeal is directed against a common order passed in O.P.Nos.99/02 and 98/03. The appellant is the husband. In one O.P., he had claimed restitution of conjugal rights and in the other, his wife had claimed divorce. By the impugned common order, divorce was granted to the wife as prayed for. The appellant's application for restitution of conjugal rights was dismissed. 2. Surprisingly, one common appeal is seen filed against the common order passed in both O.Ps. It has been so filed. The Registry had received the same and the same has been admitted also. It is not necessary to go into those controversies as the learned counsel for the appellant submits Mat. Appeal No.105 of 2003 -: 2 :- that the appellant does not now want to prosecute this appeal, the wife having already remarried. 3. The request of the learned counsel for the appellant is accepted. This M.A. is, in these circumstances, dismissed. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge Mat. Appeal No.105 of 2003 -: 3 :-