JUDGMENT

Dr. AR. Lakshmanan, J.—Delay condoned.

2. Leave granted.

3. This appeal is directed against the final judgment/order dt.02.12.2003 passed in FMA No.1401 of 2000 by the High Court of Calcutta.

4. The appellant before us is the husband of the respondent herein. The appellant filed an application under Section 27(d) of the Special Marriage Act, 1954 in the City Civil Court at Calcutta being Matrimonial Suit No.268 of 1991 seeking divorce from the respondent alleging cruelty. Later, the suit was transferred to the Family Court, Calcutta and re-numbered as Matrimonial Suit No.103/1995. The suit filed by the appellant was decreed by the trial court. Aggrieved against the order of the trial court, the respondent filed F.M.A.No.1401 of 2000 in the High Court and the High Court by the impugned order, allowed the F.M.A. No.1401 of 2000. Hence, the present appeal has been filed in this Court. During the pendency of the appeal, we passed the following Order on 26.09.2006 :-

”After hearing both parties, we pass the following Order on 25.08.2006:-

“The Husband is the petitioner before us, who had filed the petition for divorce before the Family Court, which was allowed. Aggrieved against