IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(Crl.).No. 308 of 2010(S) --------------------------- PETITIONER: --------------- MAHESWARI @ SARITHA, MANI MANDIRAM KALLUMMAD HOUSE, UDAYAMPEROOR, VETTIKKAPPALLY JUNCTION, NEAR VALIYAKULAM L.P.SCHOOL, TRIPPUNITHURA, ERNAKULAM. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJULA NAIR RESPONDENTS: --------------- 1. THE CITY POLICE COMMISSIONER, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, UDAYAMPEROOR, THRIPPUNITHURA. 3. SELVAM @ KARUPPAYYA, S.S.SOMASUNDARAPURAM VEEDU, KONAMPATTY, MALAPPURAM, MADHURA DISTRICT, TAMIL NADU. MADHURAI P.O., PIN - 625 001. BY GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.308 of 2010 ********************* Dated this the 12th day of August, 2010 JUDGMENT BASANT, J. The learned counsel for the petitioner submits that the third child, aged 3 years, has also now been restored to the custody of the petitioner by the intervention of the police and, in these circumstances, the petitioner does not want to prosecute this petition any longer. The 3rd respondent, the father of the children and husband of the petitioner, is not present before Court. We do not think it necessary to wait any longer for his appearance before Court. Needless to say, no issue regarding the right to custody of the children is resolved by the disposal of this Writ Petition. Parties shall be at liberty to approach the court concerned with claims for custody of the children and their rights to approach the court concerned is not in any way fettered by the disposal of this Writ Petition. 2. This Writ Petition is accordingly dismissed as unnecessary now on the basis of the submissions of the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ 2