IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 18082 of 2008(S) ---------------------------------- OP.1175/2007 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ---------------- ANSAR.T.H., AGED 38 YEARS, S/O.HAMEED BAVA, THOPPIL HOUSE, MARKET ROAD, CHANGANASSERI, KOTTAYAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT: ----------------- NAJIM SHAH, D/O.MUHAMMAD HANEEFA, HANEEFA MANZIL, T.C.NO.49/192, MANACAUD P.O., KALLATTU NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.K.ABDUL JAWAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18082/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the PETITION ORIGINALLY FILED BEFORE THE FAMILY COURT WHICH IS RENUMBERED AS 1175/2007 OF THE FAMILY COURT, TRIVANDRUM. EXT. P2 : COPY OF THE JUDGMENT IN TRANSFER PETITION 198/2007 DATED 14.11.2007. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P.(C). No.18082 OF 2008 ----------------------------------------- Dated this the 23rd day of July, 2008. J U D G M E N T Kurian Joseph, J. Prayer is for expeditious disposal of Exhibit P1 petition for restitution of conjugal rights filed by the petitioner before the Family Court, Trivandrum (transferred from Family Court, Kottayam to Family Court, Trivandrum) as O.P.No.1175/2007. 2. During the pendency of the writ petition, we had asked the parties to be present before this Court. After series of discussions also through the Conciliator cum Mediator, the emerging picture is that there is hardly any possibility of the parties living together happily free from the interference of other family members of both parties. 3. In such a situation, the petitioner submits before us that he is no more interested in pursuing the matter and he cannot wait any further. Therefore, he may be permitted to withdraw the petition before the Family Court for restitution of conjugal rights, it is submitted. W.P.(C). No.18082/08 2 In view of the factual position as referred to above, we do not find any point in the petitioner pursuing the petition for restitution of conjugal rights. Accordingly, O.P.No.1175/2007 pending before the Family Court, Trivandrum is dismissed as withdrawn and this writ petition is dismissed. Registry will communicate a copy of this judgment to the Family Court, Trivandrum. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp