THOMAS Vs. ANN THOMAS

JUDGEMENT

(1.) This C.M. Reference arises out of O.P. (Divorce) No. 86 of 1993 of District, Kottayam.

(2.) The petition was filed by the husband under S.19 of the Indian Divorce Act to declare the marriage between the petitioner and respondent null and void, on the ground that the wife was lunatic at the time of marriage. Marriage between the parties was solemnized at the St. Thomas Catholic Church, Kundiakel on 21.10.91. Respondent cohabited with petitioner only for 30 days and during the said period respondent had exhibited abnormal behaviour evidencing mental illness. Respondent was admitted in Mandiram Hospital on 27.12.91 and she was treated there for about 26 days by one Dr. Ajith Thomas. Later she was taken to the Medical College Hospital, Kottayam and she was admitted there on 22.1.92 and was discharged on 6.2.92. She was under treatment of one Dr. John Mathai. According to petitioner she had mental illness for about 1 1/2 years even prior to the date of marriage. He also claimed that respondent was impotent.

(3.) Notice was issued to the respondent by the Court below but she did not appear. Later application was filed for appointment of her father as guardian, for which notice was issued to him. He also did not appear. Subsequently court appointed Smt. K. Bhagyam, Advocate as Court Guardian. She contacted the respondent and filed her objection stating that after marriage parties had lived together for 60 days and there was no mental illness to the respondent as alleged in the petition. It was stated that after the marriage, while petitioner and respondent was travelling on a scooter respondent happened to see a road accident and due to the said shock she became withdrawn and had to underwent some treatment in the Mandiram Hospital and later in the Medical College Hospital, Kottayam. She denied the ground of impotency as well as unsoundness of mind.