( 1 ) THIS appeal is directed against the judgment and decree passed by the Additional District Judge, 3rd Court, Murshidabad in Matrimonial Suit No. 67 of 1982 by which the learned trial court dismissed the matrimonial suit which was filed by the appellant husband against the respondent wife praying for a decree of divorce under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955

( 2 ) ADMITTEDLY the parties were married according to Hindu rites on the 6th Falgun 1385 B. S. corresponding to Feb. 1979. Admittedly a daughter was born to the parties. The husband prayed for divorce off grounds of cruelty and desertion. The case of the appellant husband is that the respondent wife always used to quarrel with the husband and his parents without any just reason and she also used to insist upon the petitioner to 5 live separately from his family which the petitioner did not agree. It is the contention of the husband that on 12th May, 1980 the wife left the matrimonial home secretly for residing at her father's house and on 13th/14th May, 1980 she along with her brother went to Lalgola P. S. and lodged a false F. I. R. against the husband and his p