IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Mat.Appeal.No. 642 of 2009() ----------------------------------- OP.446/2005 of FAMILY COURT,KOLLAM .................... APPELLANT/1ST RESPONDENT ------------------------------------ SUNIL V, ADVOCATE, AGED 42 YEARS, RESIDING AT KUNNATHU HOUSE P.O., VADAKKUTHALA EAST, KARUNAGAPPALLY. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.K.N.RAVEENDRAN SRI.P.CHANDRASEKHARAN PILLAI (VENNELA) SRI.K.THAVAMONY SRI.T.B.SIVAPRASAD SRI.ABHILASH AKBAR RESPONDENT(S): PETITIONER & ADDL. 2ND RESPONDENT -------------------------------------------------------------------- 1. ANITHA PILLAI, W/O. K.P. GOPINAHTA PILLAI, AGED 58 YEARS, RESIDING AT KALPAKAM, PADA SOUTH, KARUNAGAPPALLY. 2. RASHMI PILLAI, AGED 37 YEARS, PROPRIETRIX, SREE PARAMESWARA FULES, P.O. VADAKKUMTHALA, KARUNAGAPPALLY. R1 BY ADV. SRI.SUBHASH CYRIAC R2 BY SRI.M.BALAGOVINDAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs ORDER ON I.A. NOS.2317/2009 & 3444/2009 IN M.A. NO.642/2009 DISMISSED 19/07/2011 SD/- THOTTATHIL B. RADHAKRISHNAN, JUDGE SD/- N.K.BALAKRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE. svs Thottathil B.Radhakrishnan & N.K.Balakrishnan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal No.642 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of July, 2011. Judgment Thottathil B.Radhakrishnan, J. Today, we have permitted the appellant in Mat. Appeal No.933 of 2009 to withdraw that appeal. That was an appeal from a divorce proceedings. There, we have recorded an interlocutory application wherein both parties had under their signatures stated before Court in writing that they have settled their disputes. This appeal, namely, Mat. Appeal No.642 of 2009 is by the husband. He is challenging a custody and guardianship order. Though the original petition from which this appeal arises was filed by the maternal grand mother of the children, the Family Court granted interim custody orders and MA642/09 -: 2 :- final arrangement orders only as between the husband and wife, i.e., the parents. Having regard to the fact that Mat.Appeal No.933 of 2009 stands withdrawn on consent, we find no purpose to continue with this Mat. Appeal which is essentially one built on the rival claims of the parents of the children. We do not have to wait for the availability of the maternal grand mother of the child in India for settling this dispute since the appeal does not revolve around any claim by or against her. We, therefore, allow the appellant to withdraw this appeal also without leave to sue on the same cause of action. Sd/- Thottathil B.Radhakrishnan, Judge. Sd/- N.K.Balakrishnan, Judge. Sha/2307