Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, MAT.APPEAL NO. 388 OF 2022 AGAINST THE COMMON ORDER AND DECREE DATED 11.07.2019 IN
O.P.NO.78/2016 ON THE FILES OF THE FAMILY COURT, MALAPURAM APPELLANT/RESPONDENT: SAMEERA, AGED 38 YEARS, D/O. BEERANKUTTY, KEEZHEDATH HOUSE, KARUVAMBRAM POST, MANJERI, MALAPPURAM-676 123. BY ADVS. ALEX.M.SCARIA A.J.RIYAS SARITHA THOMAS JOHNSON JOSEPH ALEN J. CHERUVIL RESPONDENT/PETITIONER: RAFEEQ, AGED 42 YEARS, S/O. KALANGADAN MUHAMMED HAJI, RESIDING AT CHENAKKAPARAMBIL HOUSE, NEDIYIRIPPU POST, POTHUVETTIPPARA, KONDOTTY, MALAPPURAM DISTRICT - 673 638. BY ADV P.SAMSUDIN (B/O) THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON 15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMIT RAWAL & C.S.SUDHA, JJ. ------------------------------------------------------- ---------------------------------------------------- Dated this the 15th day of November, 2023
JUDGMENT
Amit Rawal, J.
Learned counsel appearing for the respondent in this appeal, filed by the wife against the decree dated 11.07.2019 in O.P.No.78/2016 granting restitution of conjugal rights in favour of the husband, submits that owing to the subsequent events, the husband has remarried and do not want to press the claim in O.P.No.78/2016. In view of the fact that the husband has re- married, the judgment and decree passed in O.P.No.78/2016 would not survive. Appeal stands disposed of in the aforementioned terms. AMIT RAWAL C.S.SUDHA ak