PANKAJ SONI Vs. SMT. NEHA SONI

JUDGEMENT

(1.) Heard on admission and also on maintainability of the instant petition.

(2.) The facts in brief required for the instant writ petition is that the petitioner has filed an application before Judge family Court under Sections 11 & 12(C) of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') against the respondent which is pending as No.135A/2013. During trial, the petitioner/applicant filed an application under Order 32 Rule 3 of the Code of Civil Procedure, 1903 (for short 'the CPC') for appointment of guardian ad litem wherein it is alleged that the said petition was filed against the non applicant as she is a mental patient, hence the marriage may be held as void. It is submitted that the non applicant is suffering from paranod schizophrenia and epilepsy, she is unable to think and understand like a healthy person, hence on behalf of the non applicant her father may be appointed as guardian ad litem. On the other hand, non applicant filed elaborate reply by denying the fact that she is under the ailment of paranoid schizophrenia and epilepsy and prayed that the application filed in this behalf may be dismissed. After hearing both the parties, the court below observed that the non applicant is regularly appearing and taking part in the proceedings since 02.5.2014, hence the application filed under Order 32 Rule 3 of the CPC for the appointment of the guardian ad litem is liable to be dismissed. Thereby the court below dismissed the application. Against the said order, the applicant/petitioner filed the instant petition wherein he has taken the ground that order passed by the Court below is bad in law in the facts of the case as the non applicant is not in a position to defend herself on account of her ailment, appointment of guardian ad litem is necessary for the proper adjudication of the matter. The respondent admitted that she was treated for depression by two doctors. The trial Court failed to appreciate the evidence of the doctors who have stated that the respondent is suffering from paranoid schizophrenia and epilepsy, hence appointment of guardian ad litem is necessary. The said doctor was examined on behalf of the applicant. As per the provisions of Order 32 of the Code clearly provides that in case of unsound mind the court is required to appoint guardian as per the provisions of the Code. Hence, it is submitted on behalf of the petitioner that the petition may be allowed and order dated 04.11.2015 passed by the court below regarding the prayer as made in the application filed under Order 32 Rule 3 read with Rule 15 of the Code be set aside.

(3.) Heard learned counsel for the petitioner.