M R MANOHARAN Vs. SELVI

JUDGEMENT

(1.) PETITIONER is the husband. He filed an application before the Family Court to declare that his marriage with the respondent is a nullity.

(2.) IT is his case that the wife, respondent herein, is mentally retarded and this fact was suppressed at the time of marriage. If only he was aware about her mental conditions, he would not have married her. In the main petition, he has given various circumstances to substantiate his case that his wife is a mental patient.

(3.) IN the petition itself petitioner does not want to seek the appointment of a guardian for the respondent/wife. Notice has been served on her, and she has entered appearance and filed counter-statement denying the allegations. To the petition filed by the husband to send her for medical examination, written objection was filed by her stating that she has been examined by her family Doctor. She has also filed * a Certificate. Before this Court also, she has entered appearance through counsel, and no guardian is appointed. The only evidence adduced before the Court below was the evidence of P.W.I. The lower Court has assessed the entire evidence of P.W.1 and has come to the conclusion that it is very doubtful whether the petitioner. (sic) IN fact there is a statement in the evidence of P.W.1 that the wife seems to be depressed because of the ill-treatment meted out to her. That is also stated in the Order of the lower Court.