IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 MFA.No. 1230 of 2000(A) ----------------------- OPIDA.870/1993 of FAMILY COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT: ----------- PREMA RAJAKUMARI, D/O.SHANMUGHA PERUMAL (SAMUEL),. DEVASAHAYAM STREET, 19-B, NAGERCOIL 629 001 BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT/PETITIONER: ------------- V.SAMUEL DAVID, S/O.D.VETHARAJ, ENGINEER, SB, SPSS/SSED/LPSC, I.S.R.O. VALIAMALA, THIRUVANANTHAPURAM BY ADV. SRI.K.SATHEESH KUMAR SRI.T.A.UNNIKRISHNAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A.No.1230 of 2000 ----------------------------------------- Dated this the 4th day of March, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the respondent in O.P.No.870/1993 on the file of the Family Court, Trivandrum, wherein the said respondent filed a counter claim in respect of conjugal rights, in the petition filed by the respondent herein for declaration of marriage as null and void. The application for restitution was dismissed and hence the appeal. The appeal has been pending before this court since the last over six years. The parties are present. It is submitted that the respondent has filed O.P.(Divorce) No.218/2003 and the same is pending before the Family Court, Trivandrum. Therefore, it is submitted that this appeal can be disposed of without prejudice the liberty to the parties to take all available contentions before the Family Court, Trivandrum in the pending case. Ordered accordingly and the appeal is disposed of making it clear that the findings in the judgment under appeal shall have no bearing in deciding the pending case. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- M.F.A.No.1230 of 2000 ---------------------------- JUDGMENT 4th March, 2008