IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 WP(C).No. 27245 of 2012 (E) --------------------------------------- PETITIONER(S): ------------------------ JOSEPH MANUEL @ JOSHI, 48 YEARS, S/O. UNNI AUGUSTINE, PALLIPARAMBIL HOUSE, VADUTHALA, KOCHI-682 023. BY ADVS.SMT.VILASINI NAYAK, SRI.PAUL C THOMAS. RESPONDENT(S): ------------------------- 1. S.I. OF POLICE NORTH POLICE STATION, ERNAKULAM.
2. MARGERETTE FRANCIS , 35 YEARS D/O. FRANCIS, PALLIPARAMBIL HOUSE, VADUTHALA, KOCHI-682 023. R1 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW. R2 BY ADV. SMT.AYSHA YOUSEFF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27245 of 2012 (E) APPENDIX PETITIONER'S EXHIBITS:- P1:- TRUE COPY OF COMPLAINT DATED 5 11.2012 REGISTERED BY EMILDA, THE SISTER-IN-LAW OF THE PETITIONER. P2:- TRUE COPY OF THE DOCUMENT OF THE PETITIONER'S PROPERTY IN SY.NO.886/2 OF ERNAKULAM SUB REGISTRY. P3:- TRUE COPY OF THE CERTIFICATE ISSUED BY DR.CHACKO CYRIAC OF LOURDES INSTITUTE OF PLASTIC SURGERY, KOCHI. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE THOTTATHIL B. RADHAKRISHNAN & A.V.RAMAKRISHNA PILLAI, JJ.
= = = = = = = = = = = = = = = = = = = W.P(C) No.27245 of 2012 = = = = = = = = = = = = = = = = = = = Dated this the 21st day of January, 2013 JUDGMENT Thottathil B. Radhakrishnan, J.
Perused the materials and the counter affidavit. It is submitted on behalf of the second respondent, who is the wife of the petitioner, that during the pendency of the writ petition she has been ousted from the residence. This is refuted on behalf of the petitioner. The second respondent's learned counsel says that her client may pursue remedies available under other statutes, including the Protection of Women from Domestic Violence Act, 2005. Leaving open all such issues and expressing nothing on merits, this writ petition is closed and permitted to be withdrawn as sought for on behalf of the petitioner. Writ petition ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN JUDGE Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj.22/1