DEBIPRASAD SENGUPTA. J.

( 1 ) THIS appeal is directed against the judgment and decree dated 31. 7. 2000 in Matrimonial Suit No. 256 of 1995 whereby the learned Additional District Judge, 2nd Court, Howrah decreed the suit for dissolution of marriage in favour of the wife.

( 2 ) TITLE Suit No. 114/92 was Wed by the present respondent/wife praying for dissolution of her marriage with the present appellant Prabhat kr. Chakraborty on the ground of cruelty and desertion.

( 3 ) THE Suit No. 194/92 was filed by the present appellant/husband against the respondent/wife praying for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

( 4 ) BOTH the suits were tried analogously. The suit for restitution of conjugal rights filed by the husband was decreed and the suit for dissolution of marriage filed by the wife was dismissed. Both the suits were thus disposed of by delivering one judgment on 28. 1. 94.

( 5 ) AFTER expiry of more than one year from the date of the decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, the wife/respondent filed a suit for divorce on the grounds contained in Section 13 (1a) (ii) of the Hindu Marriage Act

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