AJITH ALEXANDER Vs. JOSEPHINE NEETHU KADUDOSE @ NEETHU AJITH

JUDGEMENT

(1.) This is the third round of litigation instituted before this court at the instance of the petitioner herein from an original petition filed by the respondent before the Family Court, Ernakulam seeking dissolution of the marriage. The wife filed O.P.No.2297/2013 raising allegation interalia that, the husband (petitioner) is suffering from incurable mental disease. The wife also filed I.A. No.2693/2015 seeking appointment of the petitioner's mother as his guardian, on the premise that the petitioner is incapable of conducting the proceedings by himself, because of his mental illness. The petitioner filed I.A. No.1851/2015 seeking for submitting the respondent for medical examination, raising a counter allegation that the wife is a person of unsound mind, who had undergone treatment for mental illness at several hospitals. When I.A. No.1851/2015 was dismissed by the Family Court, the petitioner filed O.P(FC) 370/2016 before this court. This court declined interference on merits, but observed that, the Family Court can consider the application at the time when the trial commences. Since it was found that the pleadings stands completed, the order of the Family Court was set aside and I.A. No.1851/2015 was directed to be considered at the time of commencement of the trial. Thereafter the Family Court directed both the parties to undergo examination before the Medical Board. The Medical Board constituted at the District Hospital, Ernakulam opined that, the petitioner may be suffering from 'bipolar affective disorder' and he requires observation by admission at a higher centre, preferably at the Government Medical College Hospital, Ernakulam. With respect to the mental condition of the wife it was reported that the Medical Board could not reveal any active pshychopathology at present. With respect to her case also, it was observed that, for a final diagnosis, observation by admission is required, preferably at the same Medical College Hospital.

(2.) The petitioner herein filed his objections to the report of the Medical Board. In view of the report of the Medical Board, the Family Court directed both the parties to make themselves available for admission at the Medical College Hospital, Ernakulam, for observation and final diagnosis. The said order was again challenged at the instance of the petitioner, before this court in O.P.(FC) No.553/2018. After elaborate consideration, this court found that there is no infirmity or perversity with respect to the order passed by the Family Court and it needs no intervention. But, while dismissing the original petition, this court observed that if the petitioner approaches the Family Court seeking admission in any other hospital or Medical College for the purpose of observation and examination, the Family Court had to consider the said request. It was specifically observed that, if any such application is filed by the petitioner, the Family Court will be at liberty to pass appropriate orders in that regard.

(3.) The petitioner filed I.A. No.4424/2018 seeking permission to appear before the Medical Board at Thiruvananthapuram or in any other hospitals in Thiruvananthapuram or Kollam having facility, for the purpose of admission and observation. The respondent objected the said application. The Family court after hearing both sides passed Ext.P11 order. The Family Court found that the petitioner is a close relative of a former minister who belongs to the present ruling party. It was further observed that a very close relative of the petitioner is working at the Government Medical College, Thiruvananthapuram. It was further found that, the petitioner being an employee in the Secretariat at Thiruvananthapuram, he will have close connections. Therefore, considering the apprehensions raised by the respondent, the Family Court allowed the change of venue of the hospital from the Medical College Hospital, Ernakulam to Government Medical College Hospital, Kottayam. That Medical College was directed to constitute a Medical Board to examine the parties, consisting of experienced clinical psychologist, psychiatrist and physician. The above said order is under challenge in this original petition instituted invoking the supervisory jurisdiction vested on this court under Article 227 of the Constitution of India.