Manoj vs Sweety K.A. Represented by Her Father and Guardian K.O. Antony

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 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.