(1.) THIS appeal is at the instance of a wife in a suit for divorce on the ground of cruelty and is directed against the judgment and decree dated 26th August 2002, passed by the District Judge, Raiganj, District " Uttar Dinajpur, in matrimonial Suit No. 59 of 1999, thereby dismissing the said suit.
(2.) THE appellant before us filed a suit being Matrimonial Suit No. 59 of 1999 in the Court of District Judge, Uttar Dinajpur at Raiganj thereby praying for divorce under Section 13 of the Hindu Marriage Act and the case made out by the appellant may be summed up thus:
(3.) THE suit was contested by the husband by filing written statement thereby denying the material allegations made in the plaint and the defence may be summed up thus: