This Civil Miscellaneous Appeal has been filed by the appellant/husband aggrieved over the dismissal order passed in G.W.O.P.No.203 of 2008 filed by him for the custody of the minor Siva Kishore, son of the appellant/husband and the respondent/ wife.
2. The appellant/husband got married the respondent/wife on 31.05.1999. Thereafter, a dispute arose between the parties and they have been living separately. The respondent/wife filed a petition in H.M.O.P.No.51 of 2004 and got an exparte decree for divorce on 29.04.2005. Again, the respondent/wife filed a maintenance suit in O.S.No.181 of 2001 before the Principal District Munsif Court, Valliyoor and also obtained a decree.
3. Today, when the matter is taken up for hearing, both the parties are present and their son, by name, K.Sivakishore, is also present. He is presently studying +2 and he intends to do Medicine.
4. Mr.S.Kasimuthu, the appellant herein - father of K.Sivakishore undertakes to meet the expenses of further studies of his son and his son, K.Sivakishore also undertakes to inform his father - the appellant herein about his studies and the result of the examination everything then and there. The said undertaking given by both the father/appellant herein and his son is placed on record.
5. Meanwhile, the learned Counsel for the appellant has sought permission of this Court to withdraw this appeal, for which, the learned Counsel for the respondent has also agreed for the same. He has also made an endorsement to that effect.
6. Recording the undertaking given by both the appellant and his son, this Civil Miscellaneous Appeal is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petition is also dismissed.
To
1.I Additional District Judge, Tirunelveli..