MANOJ v. SWEETY K.A
Case at a glance
Provisions considered
Judgment
BY ADV. SRI.VIJAI MATHEWS RESPONDENT: --------------- SWEETY K.A., AGED 27 YEARS D/O.ANTONY, KACHERACKAL HOUSE, PUDUKKAD P.O. THRISSUR DISTRICT-680301 REPRESENTED BY HER FATHER AND GUARDIAN K.O.ANTONY KACHERACKAL HOUSE, PUDUKKAD P.O. THRISSUR DISTRICT-680 301. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No. 4368 of 2012 (R) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1. TRUE COPY OF THE ORIGINAL PETITION IN OP NO.312/202. EXHIBIT P2. TRUE COPY OF THE DISCHARGE SUMMARY DATED 23/11/2010. EXHIBIT P3. TRUE COPY OF THE DISCHARGE SUMMARY DATED 18/8/2007. ------------ PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ. ------------------------------------------------ O. P. (FC) No.4368 of 2012 ------------------------------------------------ Dated this the 19th day of December, 2012 JUDGMENT Pius C. Kuriakose, J On considering this Original Petition filed under Article 227 of the Constitution of India by the petitioner who is the husband of the respondent, we directed the Registrar (Judicial) to contact the Family Court, Irinjalakuda at the earliest and to submit a report as to when at the earliest OP.312/12 can be disposed of by that court.
Accordingly, the court was contacted and the Registrar has submitted the following report:- “As directed, contacted the Judge, Family Court, Irinjalakuda. The learned Judge, after verification, informed as follows:- “O.P No.312/12 is a petition for divorce filed by the husband against the wife on the ground of unsoundness of mind. The respondent is described as being represented by her father and guardian. No application under Order XXXII C.P.C has been filed for a finding whether respondent is incapable of O. P. (FC) No.4368 of 2012 -2- defending herself. In the absence of such an application, the learned Family Court Judge has posted the OP for enquiry to 19.12.2012. Thereafter, the party concerned may have to file an application under 32. It has to be decided whether the respondent is required to be referred to a Medical Board to assess her mental capacity. If such a decision is taken, the case can be proceeded with only after receiving report of the Medical Board.
On the other hand, if the Family Court finds that the respondent is capable of defending herself, the matter will be proceeded with in right earnest.” The learned Judge has, therefore, requested to convey her difficulty in submitting a definite time frame for the disposal of the case. She has requested that appropriate orders may be passed considering the above circumstances.” In view of the above report, we direct the Family Court, Irinjalakuda to dispose of OP.312/12 in accordance with law within three months of the OP becoming ripe for trial. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE O. P. (FC) No.4368 of 2012 -3-
Precedent status how later indexed judgments have treated this case
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