( 1 ) THE matrimonial suit was filed by the appellant against the respondent under section10 read with section 13 of the Hindu Marriage Act, 1955 principally on the ground of desertion.

( 2 ) THE learned judge of the Court below on appreciation of evidence held that although the wife being the respondent herein deserted the husband the appellant above named, there has been cogent reason for the same and hence the suit was dismissed by him. The Court below hold that the husband has not been able to prove that he has been treated with cruelty by wife.

( 3 ) BEING aggrieved by the judgment and decree of the dismissal of the Court below the husband preferred the above appeal.

( 4 ) MR. Bidyut Banerjee, appearing for the appellant has strenuously contended that since the desertion has been proved and since the wife being the respondent herein has categorically stated in her evidence that she would not come back to her husband's place there has been irretrievable breakdown of the marriage. Hence, the appellant is entitled to a decree for divorce. In support of his contention Mr. Banerjee has cited Division Bench judgments of this Court reported in 1996 WBLR, Calcut