MANJULA Vs. TEENA

JUDGEMENT

(1.) The petitioner filed O.P.No.447/2020 before the learned Family Court, Irinjalakkuda, against the 1 st respondent herein, seeking that the marriage of her deceased brother with the latter be annulled; with a consequential declaration that all the amounts standing in the account of her deceased brother with the respondent - banks, is hers alone, as the sole legal heir consequent to his death.

(2.) The specific case of the petitioner is that the 1 st respondent herein is a person of unsound mind; and this is, admittedly, the leitmotif of the assertions in the Original Petition also. She, thereupon, filed an application under Order XXXII Rule 3 of the Code of Civil Procedure (CPC), seeking an enquiry into the mental status of the 1st respondent and for the appointment of a Next Friend for her, impelling the contention that she is unable to take care of her interest, while defending in the Original Petition.

(3.) While so, the Original Petition was transferred to the Family Court, Thrissur, and renumbered as OP No.1200/2022.