A petition for divorce against a wife was met by an allegation of her insanity and consequent inability to defend herself. The Court below appointed a guardian ad litem on her behalf. Upon a verdict of her insanity, proceedings were suspended; but with liberty to the husband to apply again to the Court in the event of her recovery. The husband appealed to the House of Lords, insisting that the wife's insanity ought not to bar, or impede, the investigation of the charge of adultery brought against her. The House adopted this view; and, reversing the order appealed against, sent the case back with directions to proceed.

Per LORD CHELMSFORD:— The question whether proceedings for the dissolution of a marriage can be instituted on behalf of a lunatic husband or wife, it is unnecessary to determine, as it involves considerations very different from those which occur in the Mordaunt case.

Chief Baron Kelly, Mr. Justice Denman, and Mr. Baron Pollock concurred 375in holding that divorce may be asked and decreed on behalf of, or against, a lunatic, the Court appointing a guardian ad litem for protection; but Mr. Justice Keating and Mr. Justice Brett were of opinion that the insanity of either husband or wife is an absolute bar to divorce.