SHAFFIQUE, J

These appeals and RP(FC) arise out of a matrimonial dispute

between C.V. Dinesan and Preetha Pavithran. The couple got married

on 21.1.2008 as per Hindu religious rites and ceremonies. A child

was born in the wedlock on 26.1.2009. Thereafter, with effect from

24.1.2010 they got separated.

2.

The contention urged by the husband was that the wife

was suffering from mental disorder and he filed a petition,

O.P.No.832/2010 alleging that the mental illness was not brought to

his notice before the marriage. Hence he claimed that the marriage

has to be declared null and void. During the pendency of the original

petition he sought for divorce by amending the petition on the ground

that the wife was mentally retarded.

3.

The respondent denied the allegations. According to her

she is not suffering from any mental illness and she had to leave the

matrimonial home on account of ill-treatment. She also filed

O.P.No.693/2010 seeking restitution of conjugal rights. The wife also

filed M.C.No.325/2010 seeking maintenance for herself and minor

child. Common evidence was taken in the case. The husband was

examined as PW1 and his sister was examined as PW2. The wife wa