Judgment :- This Civil Revision Petition has been filed against the order, dated 23.1.2009, made in I.A.No.1483 of 2007, in M.O.P.No.262 of 2007, on the file of the Family Court, Pondicherry. 2. The petitioner had filed M.O.P.No.262 of 2007, on the file of the Family Court, Pondicherry, for a decree of divorce against the respondent and to dissolve the marriage that had taken place between the petitioner and the respondent, on 5.6.1994, and to cancel the entry of the Registration of Marriage, registered before the Registrar of Pudhucherry Municipality. 3. The petitioner had also filed an interlocutory application, in I.A.No.1483 of 2007, praying for the appointment of one Kamala, the mother of the respondent, as the guardian of the respondent, for the purpose of representing her case. 4. The Family Court, Pondicherry, had passed the impugned order, dated 23.1.2009, rejecting the request of the petitioner. It had stated that the petitioner has not shown sufficient cause or reason to adjudge the respondent to be of incurable unsound mind and of having psychopathic disorders and that, due to her mental infirmity, she is disabled from protecting her interest. The Family Court had also held that it cannot find a person to be of incurable unsound mind or of having mental infirmity, merely on the basis of an affidavit filed along with the petition, for the appointment of a guardian. The learned Judge, of the Family Court, Pondicherry, had also held that, in the absence of any proof of the averments made by the petitioner, by way of oral or documentary evidence, especially, when the respondent had categorically stated that she is of sound mind and that she can defend herself, the application filed by the petitioner is liable to be rejected. 5. In view of the averments made on behalf of the petitioner and in view of the contentions raised by the learned counsel appearing on behalf of the petitioner, this Court is of the considered view that the petitioner has not shown sufficient cause or reason to grant the reliefs, as prayed for by the petitioner, in the present civil revision petition.
Since, no documentary or oral evidence had been adduced by the petitioner, in support of the averments made in the affidavit filed in support of the interlocutory application, in I.A.No.1483 of 2007, the trial Court had found that the claim of the petitioner that the respondent is of incurable unsound mind and that she is not capable in defending herself, in the proceedings before the Family Court, Pondicherry, the trial Court had rightly dismissed the interlocutory application filed by the petitioner. Since, the Civil Revision Petition is devoid of merits, it stands dismissed. 6. However, in view of the request of the learned counsel for the petitioner that the observations made by the learned Judge of the Family Court, Pondicherry, ought not to influence the final decision to be made by him, in M.O.P.No.262 of 2007, the learned Judge, Family Court, Pondicherry, is directed to hear and dispose of M.O.P.No.262 of 2007, on merits and in accordance with law, without being influenced by the observations made, in I.A.No.1483 of 2007. No costs. Consequently, connected miscellaneous petition is closed.