K SIVARAM Vs. K MANGALAMBA

JUDGEMENT

(1.) This revision case arises out of the maintenance proceedings. The husband is the petitioner. The wife is a deaf and dumb woman and illiterate and she cannot read or write. She filed a petition on her behalf and also representing the minor children for maintenance. Objection is taken by the husband that the petition is not maintainable as she cannot understand the proceedings and the petition should have been filed through her mother or brother. In the petition filed under section 482 Cr. P. C. as to the maintainability of the petition filed by the wife the court below arrived at the conclusion that she is able to understand the nature of proceedings and her mental faculty is quite sound though she is dumb and, therefore, she can properly represent and if any help is necessary to conduct the proceedings, the second applicant i. e. the daughter, studying in the Convent can help. Aggrieved by this order, this revision petition is filed.

(2.) The learned counsel for the petitioner contends that a deaf and dumb person is incapable of understanding the proceedings and as such she should be represented by a guardian and the petition by herself is not maintainable. The learned counsel for the respondents contends that the mental faculty is in tact and she ' is intelligent enough to understand the proceedings and also communicate herself by signs and, therefore, the petition by herself is maintainable. At the outset the learned counsel for the petitioner referred to section 318 Cr. P. C. which is as follows :-

(3.) Section 318 Cr. P. C. is applicable to the proceedings for the trial of the accused who are otherwise incapable of perception of proceedings though they cannot be considered to be of unsound mind. In such cases of persons who are otherwise than unsound, there is no interdiction on the power to proceed with the trial but the proceedings culminating in conviction are subject to the clearnce of the High Court and the appropriate order that may be passed in the circumstances. Therefore, section 318 Cr. P. C. cannot be pressed into service in the circumstances.