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2018 Supreme(Ker) 696

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
Jimshith Lal – Appellant
Versus
C. K Shabeena – Respondent


Advocates Appeared:
For the Petitioner: Adv. Mathews K. Uthuppachan
For the Respondent: Adv. Sri. E. Narayanan

JUDGMENT :

R. Narayana Pisharadi, J.

The petitioner is the husband and the first respondent is the wife. The second respondent is the father of the first respondent.

2. The petitioner has filed O.P.No.360/2018 in the Family Court for granting a decree of declaration that his marriage with the first respondent is null and void. His plea is that the first respondent is a person of unsound mind and that she was having mental illness even before the marriage and that the marriage was solemnised suppressing that fact.

3. The petitioner filed the application I.A.No.546/2018 for appointment of the second respondent as the guardian of the first respondent. The respondents filed objection to that application contending that the first respondent is not suffering from any mental illness. As per Ext.P7 order, the Family Court dismissed the application I.A.No.546/2018. The aforesaid order reads as follows:

“Heard both side. It is seen prima facie that there is no evidence to show that R1 is an insane person. She can very well conduct her case. Hence petition dismissed.”

4. The petitioner had also filed another application as I.A.No.1193/2018 for summoning documents from a hospital relating to the tre















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