R.N.Sahay, J.

1. This appeal has been preferred under Sec. 28 of the Hindu Marriage Act, 1955 whereby the appellant-husband has challenged the decree in the Matrimonial Court dismissing the application filed by the appellant under Sec. 13(1)(iii) of the Hindu Marriage Act. The parties were married at and started living with her husband at Birsanagar in the town of Jamshedpur. A child was also borne out of the wed-lock.

2. The husbands case is that respondent was suffering from unsoundness of mind which according to the appellant was evident from the fact that she was once admitted at Central Institute of Psychiatry, Ranchi where she was treated by Dr. A.B. Mukherjee for psychopathic disorder and in support of that relevant documents were filed before the court Below. The appellant alleged that the respondent became dangerously lunatic. She even attempted to strangulate her child. The husband cited instances of abnormal behaviour of respondent from which it is established that she was suffering from mental illness.

3. That allegations made by the husband in his application for dissolution of marriage has been strongly refuted by the wife in her written statement. The respond