Cruelty as a ground for divorce under Section 13 (1) (1a) of the Hindu Marriage Act must be persistent, continuous, and intense, affecting the basic fibre of the mental faculty and feelings of either spouse, destroying the natural love and affection and the soft feelings of mutual togetherness and concern for one another.

( 1 ) ASSAILING the judgment and decree passed by Shri T. K. Ghosh, the learned Additional District Judge, 14th Court, Alipore, 24-Parganas (South) in Matrimonial Suit No. 45 of 1993 passed on April 5, 1997 the wife/appellant has filed this First Appeal.

( 2 ) THE learned Judge by his impugned judgment and order of decree, on the basis of the suit for divorce filed by the husband/respondent under section 13 (1) (1a) of the Hindu Marriage Act, 1956 granted a decree for divorce against the wife/appellant and declared that the marriage between the wife/appellant and the husband/respondent stood dissolved and she was entitled to receive a permanent alimony at the rate of Rs. 800/- per month from the date of the passing of judgment and decree and refused to pass any other litigation cost as it was prayed for.

( 3 ) THE factual matrix of Matrimonial Suit No. 45 of 1993, the judgment of which culminated in this present Appeal is to the effect that the husband/respondent (P. W. 3) was an M. B. B. S. doctor and was working under Dr. B. N. Chakroborty as a Research Assistant in the field of reproductive Biology.

( 4 ) DURING 1983 to 1994 he attended the Maryland Nursing Home with Dr. Chakroborty where he met the wife/appellant who was the O. T. nurse in the said Nursing Home. Towards 1987 he (husband/respondent) took a flat on rental basis at Picnic Garden Road where the wife/appellant used to visit him. At the out set the husband Respondent allowed such visit as it was a friendly visit but as rumours spread that he was in love with the wife/appellant, he objected to such visits. The wife/appellant requested him to marry her as she was in love with him but her proposal was turned down by the husband/respondent.

( 5 ) ON February 14, 1990, she came to his flat and informed that she was being tortured by her mother and brother for her visit to the flat of the husband/respondent and unless the husband/respondent marries her she will commit suicide. As her request was refused, she suddenly took out some liquid poison and poured it in her mouth stating that she is commiting suicide. The husband/respondent immediately took her to the Calcutta National Medical College and Hospital where it was detected that the wife/appellant had taken Organic Phosphorus substance and she had to be treated in the said Hospital for some time and subsequently was discharged. After her discharge from the Hospital fresh request was made for marriage.

( 6 ) ON March 9, 1990, the Husband/respondent was compelled to marry the wife/appellant at the Kalighat Temple. After the said marriage they were residing as husband and wife. It was the case of the Husband/respondent that he discovered that the aim of the wife/appellant was to 'squeeze money'. She prevented him from sending money to his parents (P. W. 1 and P. W. 2 ). The wife/appellant was 'totally indifferent to the comfort' of the Husband/respondent. It was further alleged that after a gruelling 16 to 18 hours of work in the laboratory he was not served breakfast and after his return he did not get his supper and that the wife/appellant was" rude, quarrelsome nature and suspicious minded "and that whenever the Husband/respondent returned home late from work he was accused of illicit relationship with the nurses of the Institution. She was unwilling to perform her marital obligation and was always a disgruntled partner.

( 7 ) DURING 1990 when P. W. s 1 and 2 came to Calcutta for medical check up, the wife/appellant quarrled with them and they had to stay in the sister's house of the Husband/respondent at Bangur Avenue. On June 28, 1992, she demanded Rs. 10,000/- for purpose of repairing her parental home as the Husband/respondent did not have money he was threatened that unless money is paid, she will commit suicide and she also abused him. As a result, he had no option but to leave his flat and stayed away from the wife/appellant.

( 8 ) THE wife/appellant denied the entire case of the Husb