The opinion
DOOLING, J.
I concur. While I appreciate the propriety of the Legislature’s making any reasonable provision for the future protection of the insane spouse and of the state where a divorce is granted on the ground of incurable insanity, I question the wisdom and justice of making that provision s.Q *178 sweeping that the statute gives rights to the rich while it denies the same rights to the poor. Nevertheless the Legislature has seen fit to condition the right to divorce on the ground of incurable insanity on a showing “that'there is reasonable ability to support the insane spouse for the remainder of the life expectancy or that such insane spouse has property sufficient” for that purpose. (Civ. Code, § 108.) The trial court found that these conditions do not exist in this case, the finding has substantial evidentiary support, and under the existing statute this justifies the judgment denying the divorce.