1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.2354 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 A.Gopikrishnan .. Petitioner/Petitioner/Petitioner Vs. Mangai .. Respondent/Respondent/Respondent Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 08.08.2011 passed in Interlocutory Application No.355 of 2011 in G.W.O.P.No.35 of 2010 by the First Additional District Court, Madurai. For Petitioner : Mr.G.R.Swaminathan ORDER The order dated 08.08.2011 passed in Interlocutory Application No.355 of 2011 in G.W.O.P.No.35 of 2010 by the First Additional District Court, Madurai is being challenged in the present Civil Revision Petition. 2. The revision petitioner herein as petitioner has filed G.W.O.P.No.35 of 2010 on the file of the Court below praying to give custody of the ward mentioned in the petition, wherein the present respondent has been shown as sole respondent. During pendency of the same, the present petition has been filed in Interlocutory Application No.355 of 2011 so as to direct the respondent to undergo medical check-up for the purpose of ascertaining her mental fitness. The Court below after considering all the contentions putforth on either side has dismissed the petition. Against the dismissal order passed by the Court below, the present Civil Revision Petition has been filed. 3. Considering the rival pleadings raised on either side in G.W.O.P.No.35 of 2010 and also considering the nature of the relief sought for in the present petition and the order passed therein by the Court below, notice need not be sent to the respondent and this Civil Revision Petition is disposed of on merits at the stage of admission on the basis of the contentions putforth on the side of the revision petitioner. 4. The learned counsel appearing for the revision petitioner has advanced his reiterative argument to the effect that the respondent has met with an accident and she sustained injury in her brain and due to that she is not leading her day-to-day affairs in https://hcservices.ecourts.gov.in/hcservices/ 2 normal way and under the said circumstances for the purpose of ascertaining her mental fitness so as to bring up the ward in question, she has to undergo medical check-up and due to that the present petition has been filed, but the Court below without considering the nature of the relief sought for in the present petition has erroneously dismissed the same and therefore the order passed by the Court below is liable to be set aside. 5. It is seen from the petition and counter that the petitioner has averred in the petition to the effect that the respondent has met with an accident and she suffered some infirmities in her brain and due to that she is not in a position to bring up the ward in question. But in the counter filed on the side of the respondent, it has been specifically stated that she met with an accident and sustained simple injuries and after getting treatment she has become alright and she does not suffer from any mental infirmities as falsely alleged on the side of the petitioner. 6. Considering the fact that the definite stand taken on the side of the respondent to the effect that she is not suffering from any mental illness nor depression and also considering the nature of the relief sought for in G.W.O.P.No.35 of 2010 and further the alleged mental illness and depression of the respondent can be ascertained only by way of watching her demeanour closely by the trial Judge, this Court is of the view that the relief sought for in the present petition cannot be granted and this petition is totally unwarranted and altogether the present Civil Revision Petition deserves to be dismissed. 7. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission and the order passed in Interlocutory Application No.355 of 2011 in G.W.O.P.No.35 of 2010 by the First Additional District Court, Madurai is confirmed. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The First Additional District Judge, Madurai. +1cc to Mr.S.Parthasarathy, Advocate, Sr.No.44432 C.R.P(PD)(MD)No.2354 of 2011 and M.P(MD)No.1 of 2011 smn sma/28.12.2011/3c/2p https://hcservices.ecourts.gov.in/hcservices/