SIJO VARGHESE Vs. DONA B. DAISY

JUDGEMENT

(1.) The petitioner herein is the petitioner in unnumbered original petition on the files of the Family Court, Ettumanoor. He is the husband of the respondent herein. The aforesaid original petition was filed seeking a declaration that the marriage between the petitioner and the respondent is null and void. The case of the petitioner before the Family Court was that the respondent was suffering from mental disorder of serious nature even before the marriage and she had undergone treatment for the same. The respondent's parents kept it as a secret from the petitioner and thereby, obtained his consent for the marriage and the unsoundness of the respondent still continues. On the aforesaid premises, the petitioner has filed Ext.P2 application under Order XXXII Rule 15 of the Code of Civil Procedure to appoint her father, Mr. Thomas, Madathum Muriyil House, Kolladu P.O., Kottayam District, as the guardian of the original respondent. But, the office of the Family Court returned the original petition, without numbering the same to the petitioner for want of medical records, which would show the mental unsoundness of the respondent, on an endorsement made by the Judge to that effect. This original petition has been filed challenging the aforesaid order, whereby the Family Court returned the original petition as an unnumbered original petition.

(2.) Heard learned counsel for the petitioner and the learned counsel for the respondent.

(3.) It is the case of the petitioner that the respondent has been suffering from mental unsoundness of serious nature. Hence, he filed Ext.P2 application seeking to appoint her father Thomas, as her guardian to defend the original petition. The office of the Family Court returned the original petition for want of medical records to show that the respondent has been suffering from mental unsoundness, as alleged in the original petition.