IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Mat.Appeal.No. 307 of 2009() ---------------------------- OP.98/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): APPELLANT/PETITIONER ----------------------------------- SOUDABI D/O. KUNHAYIN, AGED 31 YEARS, ULISSERI KUNNU, NALLALAM P.O., KOZHIKODE. BY ADV. SRI.SANTHARAM.P SRI.E.SUBHASH RESPONDENT(S): RESPONDENT ------------------------- ASEES K.P. S/O. MOIDEEN KOYA, AGED 39 YEARS, KATTUVAYAL PUZHANANDAMMAL, KARAPARAMBA P.O., KOZHIKODE. ADV. SRI.VINOD SINGH CHERIYAN FOR R1 SRI.R.SUDHISH FOR R1 SMT.M.MANJU FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * Mat.Appeal No.307 of 2009 ---------------------------------------- Dated this the 19th day of July 2010 J U D G M E N T Basant,J This appeal is preferred by the appellant/wife against an order dismissing her claim for divorce under the Dissolution of Muslim Marriage Act. I.A.No.1643 of 2010 is filed by the wife for permission to withdraw the appeal. In the affidavit in support of the I.A, she reports that divorce has been effected by pronouncement of talaq by the respondent. A divorce deed dated 15/5/2010 has also been executed, it is submitted. A copy of the same is produced as Annexure 2. Divorce certificate issued by the Valiya Quazi of Calicut is produced as Annexure 3. Communication of divorce is produced as Annexure 1. 2. In these circumstances, the learned counsel for the appellant submits that, in view of the divorce by pronouncement of talaq, the appellant does not want to prosecute this appeal any more. We accept the request of the appellant. Mat.Appeal No.307/09 2 3. In the result, a) I.A.No.1643 of 2010 is allowed. b) This appeal is dismissed as unnecessary now. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Mat.Appeal No.307/09 3 Mat.Appeal No.307/09 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 19/07/2010