IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 35095 of 2008(S) -------------------------- AGAINST THE ORDER IN IA 1293/2008 IN OP.215/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): --------------- P.KRISHNA KUMAR, S/O.P.G.PERUMAL, RESIDING AT GIRIJA NIVAS, MADATHIL PARAMBA, PARAYANCHERRY. KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- PUSHPA, D/O.R.VENUGOPAL, RESIDING AT 55, OOTU PATTARI, COONOOR, NILGIRIS DISTRICT, TAMILNADU, REPRESENTED BY GUARDIAN AND FATHER R.VENUGOPAL. ADV. SRI.K.M.FIROZ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.35095 of 2008 EXT.P1 TRUE COPY OF THE PETITION FILED BEFORE THE FAMILY COURT AS O.P.NO.215/2008 EXT.P2 TRUE COPY OF THE REFERRAL OUTPATIENT TICKET ISSUED BY THE MEDICAL COLLEGE HOSPITAL, KOZHIKODE. EXT.P3 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT. EXT.P4 TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF I.A.NO.1293 OF 2008 EXT.P5 TRUE COPY OF THE ORDER IN I.A.NO.1293 OF 2008 IN OP.NO.215/2008 //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.35095 OF 2008 ------------------------------- Dated this the 3rd March, 2009 J U D G M E N T Raman, J. The original petition, O.P.No.215 of 2008, was filed by the husband, the petitioner herein, seeking for a declaration that the marriage between him and respondent is null and void, because of the alleged insanity of the respondent- wife. To disprove the allegation, wife filed I.A.No.1293 of 2008, the application for getting herself examined by a medical board. The court below, by Ext.P5 order, dismissed the application, and entered a finding that the applicant-respondent herein, is not suffering from any mental abnormality. Challenging the said order, the writ petition is filed. 2. Petitioner herein is the husband. The respondent though arrayed as represented by guardian, she herself engaged a lawyer and contested the matter. W.P.(C) No.35095 of 2008 2 3. The question as to whether the respondent in the original petition suffers from any mental disorder, is to be found after taking evidence in the matter. The petitioner has produced Ext.P2, copy of the referral outpatient ticket issued by the Medical College Hospital, along with the application. However, the respondent herself having approached the court below for examining her by a medical board, the court below ought to have allowed it, rather than dismissing the application, that too, entering a finding in favour of the petitioner thereunder. It is too pre-mature to arrive at a conclusion as such. Now that it is agreed by both sides that the respondent's application for medical examination be allowed and the finding in Ext.P5, for the time being, be set aside, as it is pre-mature, we dispose of the writ petition with the following directions. 4. Ext.P5 order shall stand quashed. There will be a direction to the court below to send the petitioner-wife, in I.A.No.1293 of 2008, who is the respondent herein, for examination by a medical board. W.P.(C) No.35095 of 2008 3 The parties shall appear before the court below on 17.3.2009. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.