( 1 ) THIS is a first appeal against the order and decree of the learned Additional District Judge, Delhi, who on an application under section 12 of the Hindu Marriage Act by Iqbal Singh Kohli against his wife Shrimati Harsaran Kaur annulled their marriage by a decree of divorce. The parties were left to bear their own costs.

( 2 ) THE parties were married at West patel Nagar, New Delhi, on 21st April, 1957. After the marriage the parties lived together as husband and wife here but no child was born out of the wedlock. The petitioner alleged that his wife, the respondent, was suffering from schizophrenia, i. e. , lunacy at the time of their marriage and that inspite of best treatment she had not been cured. According to him, the disease was incurable. He, therefore, sought annulment of marriage with her by a decree of nullity as provided in clause (b) of sub-section (1) of section 12 read with clause (ii) of section 5 of the Hindu Marriage Act. He stated in paragraph 1 of the petition that the respondent was a lunatic and, therefore, she was sued through her father Dayal Singh as her guardian who had no interest adverse to her. The said Dayal Singh through his counsel B