IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(Crl.).No. 524 of 2009(S) --------------------------- PETITIONER(S): --------------- V. PRAMESH, AGED 34 YEARS, S/O. K.P.V. PILLAI, SABARI, WEST FORT, MAVELIKARA, NOW RESIDING AT HOUSE NO.7-131, KAMALA NAGAR, ECIL P.O., HYDRABAD-500 061. BY ADV. SRI.T.SUKUMARA PILLAI SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. UNNIKRISHNAN NAIR, T.C.5/1993/2, PWRA, D-8, KOWDIAR, THIRUVANANTHAPURAM. 2. LATHA NARI, T.C.5/1993/2, PWRA,D-8, KOWDIAR, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, MUSEUM CIRCLE, THIRUVANANTHAPURAM. BY G.P. SMT. SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.524 of 2009-S ------------------------------------------------- Dated this the 9th day of December, 2009 JUDGMENT Basant,J. After detailed discussions at the Bar, the learned counsel for the petitioner makes only one request. He prays that the petitioner may be permitted to withdraw this petition without prejudice to his rights to move the Family Court to insist that the wife should appear in the O.P. HMA to satisfy himself and the court that the wife is voluntarily staying away from him. Request accepted. Without prejudice to the rights of the petitioner to move the Family Court to insist on the presence of the wife in the pending petition under the Hindu Marriage Act and for custody of his child, this writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ HO //true copy// P.S. to Judge.