1. Amrit Lal filed Petition under Section 13 of the Hindu Marriage Act, 1955 , in the Court of District Judge, Rohtak against his wife Asha Rani for dissolution of the marriage on the ground that she was of unsound mind. She was sued through her brother Gian Chand who engaged a counsel and filed a written statement on her behalf. After trial the learned District Judge Rohtak on 28-2-1973 holding that Asha Rani has been of incurably unsound mind for three years prior to the presentation of the petition granted a decree for divorce in favour of Amrit Lal respondent. This appeal has been filed on behalf of Asha Rani challenging that decree.

2. Shri Roop Chand, learned counsel for the appellant, has argued that the respondent has sought a decree against the appellant on the ground that she is of unsound mind and had been so, even three years, before the presentation of the petition, but at the time of presentation of the petition he did not comply with the provisions of O. XXXII of the Civil Procedure Code (1908) (hereinafter referred to as the Code). Rule 3 of O. XXXII of the Code which deals with the case of a minor is relevant in this case. In Punjab and Haryana sub-rules (3