VICKY SONI Vs. SHALINI

JUDGEMENT

(1.) In a proceeding initiated by the husband as against the wife for divorce invoking the provision under Section 13(1b) and 13(iii) of the Hindu Marriage Act, 1955 the husband filed application under Order 32 Rule 15 CPC praying for appointment of a Court Guardian for his wife who has been shown as respondent. The same was dismissed by the trial Court. Hence the present revision.

(2.) Of course, the revision petitioner-husband would contend that his wife was a person of unsound mind and she was unable to protect her interest. Producing the records relating to medical treatment given to her, he sought for appointment of a Court Guardian on the ground that she was of unsound mind.

(3.) The above application was resisted by the respondent-wife contending that she was not a person of unsound mind. She was capable of protecting her interest in the suit laid by her husband as against her. No Doctor had declared that her IQ was only 50%. Medical report has been obtained by the husband in collusion with a Doctor. Having thus pleaded she prayed for dismissal of the application praying for appointment of a Court Guardian for her.