RAVEENDRAN Vs. SOBHANA

JUDGEMENT

(1.) What is the jurisdictional obligation of the court in dealing with a suit or other proceedings by or against persons of unsound mind or persons suffering from any mental infirmity by reason of which they are incapable of protecting their interests, is the question arising for consideration in this case.

(2.) The appeal is directed against the order dated 16.5.2006 in O.P.No.847/2000 on the file of the Family Court, Thrissur. Appellant is the petitioner. Appellant and the first respondent got married on 20.10.1984 and there is a child in their wed-lock. Appellant submits that he is deaf and dumb, and hence the appeal is filed through his mother. The suit is for setting aside the order in M.C.231/99. The Family Court framed an issue as to whether the suit for declaration that the order in M.C.231/99 is null and void, is maintainable.

(3.) M.C.231/99 is filed by the respondent's-wife and child herein for maintenance. In the said case, the appellant herein is not represented by anybody else. The Family Court on 14.12.1999 passed the following order in the said case: