IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 RPFC.No. 362 of 2010() ---------------------- MC.275/2010 of FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT -------------------------------------------------------------- ASHRAF N.T., S/O.ALIKUTTY (DIED) AGED 37 YEARS, NALLATHU THODIKA HOUSE, NEDUPARAMBU ROAD, VENGARA POST, MALAPPURAM, VENGARA PSL BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.A.M.NASEER RESPONDENTS : REVISION PETITION/PETITIONERS -------------------------------------------- 1. FOUSIYA B.P., D/O.RASHEED MASTER, AGED 34 YEARS, PONNAM KINAR, CHERUR ROAD, VENGARA POST, MALAPPURAM, VENGARA PSL. 2. FABEELA, 12 YEARS 3. FARSANA, 10 YEARS 4. ADNAN, 3 YEARS, (MINOR RESPONDENTS ARE REPRESENTED BY THE GUARDIAN MOTHER IST RESPONDENT). ADV. SRI.K.A.SALIL NARAYANAN FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ R.P(F.C) No.362 of 2010 ------------------------------------- Dated this the 17th day of February, 2011 O R D E R Learned counsel for the petitioner submits that connected Matrimonial Appeal No.852 of 2010 with respect to the same parties has been disposed of recording the joint statement filed therein and the Division Bench of this Court set aside the order impugned in that Mat.Appeal. The learned counsel appearing for the respondent endorsed the above submission. 2. The present revision petition is filed challenging the common order dated 26.08.2010 in O.P.No.263 of 2010 and M.C.No.275 of 2010. The Mat.Appeal was filed against O.P.No.263 of 2010, which was disposed by the Division Bench on 10.02.2011 as indicated above. In this petition also, a joint statement is filed by the contesting parties and they have endorsed their signature in the joint statement and counter signed by their respective counsel. I have gone through the joint statement, wherein it is stated that after the impugned order, the parties are living together after resolving the disputes between them in the presence of mediators and therefore the contesting R.P.F.C No.362 of 2010 2 respondents do not wish to prosecute the matter any further. It is specifically stated that respondents have no objection in setting aside the impugned order of the Family Court, Malappuram, awarding maintenance under Section 125 Cr.P.C. As the contesting parties, who are the husband and wife, settled the matter and they are presently residing together and leading a happy family life, interest of justice requires that this Court should protect the institution of marriage and therefore it is only just and proper to allow the petition. In the result, recording the joint statement filed by the contesting parties, this revision petition is allowed setting aside the order dated 26.08.2010 in M.C.No.275 of 2010 issued by the Family Court, Malappuram. (V.K.MOHANAN, JUDGE) rtr/-