( 1 ) THIS appeal is directed against the judgment and decree passed by the learned District Judge, Hooghly on 22. 9. 88 in Matrimonial Suit No. 161 of 1985 whereby he dismissed the suit.

( 2 ) THE petitioner-husband, who is the appellant here, brought the above suit against his wife, who is the respondent here, for dissolution of the marriage by a decree of divorce on the ground of desertion and cruelty. The wife contested the suit by filing a written statement.

( 3 ) UNDISPUTEDLY the marriage between the parties was solemnised according to Hindu rites on 13. 3. 79 and a son, who is now about 12 years old, was born out of this wedlock. It is also not disputed that since 15. 10. 83 the parties have been living separately and that the son, born out of this wedlock, has been living with his mother. Both sides adduced evidence-oral and documentary in support of their respective cases before the learned District Judge who on consideration of the same has held that the plaintiff failed to prove cruelty or desertion as alleged by him. With these findings, he dismissed the suit.

( 4 ) BEING aggrieved the petitioner-husband has preferred the instant appeal challenging th