(1.) THIS first appeal is at the instance of a husband in a suit for divorce on the ground of cruelty and is directed against the judgment and decree dated 23rd December, 1998 passed by the learned Additional district Judge, Fifth Court, Alipore, in Matrimonial Suit No. 66 of 1990 thereby dismissing the suit with a specific finding that the appellant failed to prove cruelty alleged in the application for divorce.
(2.) THE case made out by the appellant in the pleading as amended may be summed up thus :
(3.) THE respondent contested the suit by filing written statement thereby denying the material allegations made in the plaint and the defence of the respondent may be summed up thus: