( 1 ) THE matrimonial proceeding under the Special Marriage Act, 1954 giving rise to this appeal, was initiated by the husband-appellant against the wife-respondent for a declaration that the marriage was a nullity because of the underage of the appellant and in the alternative, for dissolution or marriage on the grounds of adultery, cruelty and desertion on the part of the wife. The petition which was thus a composite one under Section 24 as well as Section 27 of the Special Marriage Act has, however, been dismissed which has led the husband to file this appeal. The learned Counsel for the appellant, Mr. Tapan Dutta, who has argued the appeal with singular ability and persistence, has, in his endeavour to assail the order, made a strenuous attempt to do so on an additional ground, namely, that the marriage between the parties having found to have been broken down irretrievably and irreparably, ought to have been dissolved by a decree of divorce on that ground also.

( 2 ) SUCH a ground for divorce because of irretrievable break-down of the marriage was, however, not specifically taken in the pleadings nor put in the issues nor has been put forward in the m