IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Mat.Appeal.No. 518 of 2007() ---------------------------- OP.101/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER: APPELLANT/PETITIONER -------------------------------- NAFEESA, D/O. MOIDUTTY MUSALIAR, ATHANIKKAL 'AARAFAIYIL', KALADI AMSOM, THIRUTHIKUNDAYAR DESOM, PONNANI TALUK, PERUMBARAMB P.O. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: RESPONDENT ----------------------- SAITHALAVI HAJI @ BAVA HAJI, VADAKKATH VALAPPIL HOUSE, THRIKKANAPURAM AMSOM, MARAVANCHERY DESOM, PONNANI TALUK, THAVANUR P.O. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal No.518 of 2007 ----------------------------------------- Dated this the 21st day of January, 2008 JUDGMENT Kurian Joseph,J. This appeal is filed against the order dated 14-8-2007 in O.P.No.101/2007 on the file of the Family Court, Malappuram. The appellant was the petitioner in O.P.No.101/2007. The petition was one for past maintenance as well as future maintenance. On evidence the petition was dismissed holding that the appellant-petitioner was refusing to reside with the respondent at his extreme old age for which purpose alone she had married that octogenarian. When the appeal came up for hearing before us on 6-12-2007 we passed the following order:- “It is submitted that in case the respondent is prepared to accept the appellant, the appellant is willing to go and stay with him. On instruction, the learned counsel for the respondent submits that the respondent has no objection with regard to this submission. In the above circumstances, there will be a direction to the appellant to go and stay with the respondent.” Thereafter the appeal was posted before us on 14-1-2008 and further to this date. In view of the order as above, it is Mat.Appeal No.518/2007 -:2:- submitted that the parties may not have any grievance as of now. Therefore, the appeal is disposed of in terms of the interim order as extracted above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal No.518 of 2007 ---------------------------- JUDGMENT 21st January, 2008