( 1 ) THE instant appeal has been preferred by the appellant wife against the Judgement and decree dated 12. 9. 89 passed by the learned Additional District Judge, 14th Court, Alipore thereby dismissing her matrimonial suit No. 39 of 1992 wherein she prayed for a decree of divorce against the husband respondent under the provisions of section 13 of the Hindu Marriage Act on grounds of cruelty, both mental and physical and desertion. The husband respondent contested the above suit in the Trial Court denying all the material allegation contained in the petition for divorce and his specific case was that the appellant wife sometime after her marriage developed illicit and adulterous relationship with one Sibapada Banerjee the husband of the respondent's elder sister which became a public scandal injuring the social position of the respondent and the members of his family but the petitioner wife i. e. the present appellant did not mend her ways and on her own consent the respondent took him to her father's jpise at Baranagar on 26th August, 1979 for spending a few days there. Since then the petitioner has not come back to her matrimonial home. According to the appell