JUDGMENT

Petitioner is the first accused in C.C. No.113 of 2009 pending in the court of the Judicial Magistrate of First Class-II, Thamarassery. The other accused are his wife, daughter Jiji Mathew. The petitioner has another daughter, Jiby Baby, who is the 11th respondent in this original petition. The first respondent is her husband.

2. In this original petition there are four prayers. Only the first and fourth prayers deserve notice.

The first prayer runs as follows:

“To direct Judicial First Class Magistrate Court-II, Thamarassery to refer C.C. 113/2009 case itself or to address the Sessions Court, Ernakulam to start a proceeding to assess the mental health condition of Jiby Baby, 11th respondent under the provisions of Mental Health Act to assess her mental state.”

The fourth prayer runs as follows:

“To direct that the guardianship of Jiby Baby be handed over to natural guardian and father, M.M.Mathew, this petitioner herein for purpose of treatment at General Hospital, Ernakulam under Dr.Sandeesh, Psychologist.”

4. Heard both sides.

5. The first prayer is made in relation to the proceedings in C.C. No.113 of 2009 pending in the court of the Judicial Magistrate of First Class-II, Th