ROY THOMAS Vs. LEKHA ROY

JUDGEMENT

(1.) The petitioner challenges two orders passed by the Family Court, Pathanamthitta on 26.7.2018, dismissing I.A.Nos.1058 of 2017 and 638 of 2018 in O.P.No.210/2017 filed by him for a decree of dissolution of his marriage with his wife, the respondent herein.

(2.) He sought divorce on the ground of cruelty as well as mental disorderliness of the respondent by invoking Sec. 10 (1) (iii) and section 10(1) (x) of the Divorce Act, 1869. He, however, failed to seek appointment of a guardian on behalf of the respondent, at the commencement of the proceeding. When this omission came to his notice, he filed I.A.No.638/2018 for amending the original petition and appointing the mother of the respondent as her next friend in the proceeding. This was heavily opposed by her on the ground that she was not mentally ill and had never suffered from any sort of incurable mental disorderliness.

(3.) The petitioner also sought to subject the respondent to medical examination for assessing her mental status. I.A.No.1058/2017 filed by him in this respect was also stiffly opposed on the ground that there were no proper allegations in the pleadings, imputing mental illness on her. The court below through the impugned orders held that, the petitioner is not entitled to call for a medical report, since the court itself, during the course of interaction with the respondent, was satisfied that her faculty of understanding, feeling, laughing etc. were not impaired and that the appointment of a next friend to defend her interests in the proceeding, was not called for.