(1.) THIS first appeal is at the instance of a husband in a suit for divorce on the grounds of desertion and cruelty and is directed against the judgment and decree dated August 4, 2004 passed by the learned Additional District Judge, Fast Track Court, First Court, Serampore, in Matrimonial Suit No. 26 of 2000 thereby dismissing the suit with the finding that the husband had failed to prove the grounds of cruelty and desertion as alleged in the plaint.
(2.) THE appellant/husband filed an application for divorce being Matrimonial Suit No. 26 of 2000 in the Court of the leaned District Judge, Chinsurah, against the respondent/wife which was subsequently transferred to the Fast Track Court, First Court, Serampore, and the case made out by the husband in the application for divorce may be summarised thus:
(3.) THE suit was contested by the wife by filing written statement thereby denying the material allegations made in the application for divorce and the defence of the wife may be summed up thus: