IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MFA.No. 372 of 2002() --------------------- OP.344/1999 of FAMILY COURT,KOZHIKODE .................... APPELLANT: RESPONDENT: ---------------------- P.SUMATHAN, AGED 34 YEARS, S/O.P.SAMI, "PANAKKATTUM VETTIL", PUTHIYANGADI, PAVANGAD, KOHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) RESPONDENTS: PETITIONER: ------------------------ N.K.JAYASREE, AGED 27 YEARS, (MENTALLY III), BY GUARDIAN/NEXT FRIEND/MOTHER THIRUMALAKUTTY @ JANU, AGED 60 YEARS, W/O.KUMARAN, "NALUKANDATHIL", KOYILANDY-ATHOLI, EDAKARA AMSOM KOLAKKAD DESOM. BY ADV. SRI.K.P.BALASUBRAMANYAN FOR R THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A.No.372 of 2002 ----------------------------------------- Dated this the 31st day of July, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the respondent aggrieved by the order of the Family Court, Kozhikode in O.P.No.344/1999 directing restitution of conjugal rights. The parties are present before us today. They have been living separately for the last ten years. We had the assistance of Sri.Sudheer as Conciliator- cum-Mediator. It is brought to our notice that a re-union is not possible and the disputes are being settled. Therefore, this appeal is allowed setting aside the judgment and decree in O.P.No.344/1999 on the file of the Family Court, Kozhikode. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- M.F.A.No.372 of 2002 ---------------------------- JUDGMENT 31st July, 2008