A. M. BHATTACHARJEE, J.

( 1 ) THE suit was rightly dismissed and the appeal therefore must follow suit or follow the suit.

( 2 ) THE husband-appellant sued the wife-respondent for dissolution of marriage on the ground specified in section 13 (1) (iii) of the Hindu Marriage Act, 1955, namely, the respondent wife "has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of a such kind and to such an extent that the petitioner can not be reasonably expected to live with the respondent.

( 3 ) SOUND health, in these days of pollution of air and water, adulteration of food stuff and drugs and all that is a rare a species. So is sound mind, as a result of all the stress and strain, anxiety and tension of the modern age. The legislature has h6t made unsoundness of mind or mental disorder, by itself, a matrimonial fault unless the unsoundness is incurable or the disorder is such as to disable the person to become a reasonably tolerable matrimonial partner.

( 4 ) WE have no doubt that the petitioner-husband has failed to prove his case by any standard, whether the standard of preponderance of probability as laid down by the Supreme Court

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