( 1 ) THE main question which arises for decision in this appeal by the wife under Section 28 of the Hindu Marriage Act (hereinafter REFERRED TO to as the Act) is as to what is meant by the expression incurably of unsound mind used in Section 13 (l) (iii) of the Act?

( 2 ) THE Hindu Marriage Act, 1955 does not define the term unsound mind. I find that while laying down the conditions for a Hindu marriage under Section 5 (ii) of the Act the Parliament used words idiot or lunatic for disqualifying a party from entering into a valid marriage. Under Section 10 (l) (. e) the term unsound mind has been used for giving a right to a party to pray for a decree of judicial separation. Under Section 13 (l) (iii) of the Act a party is entitled to ask for dissolution of a marriage by a decree of divorce on the ground that the other party has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition. The use of different expression in the same Act by the Parliament shows that they are not meant to convey the same meaning.

( 3 ) UNDER Section 12 (l) (b) of the Act, a marriage may be annuled by a de