( 1 ) THE instant appeal is directed against the judgment and decree of dismissal dated 23. 3. 91 passed by the Additional District judge, 11th Court, Alipore in Mat. Suit No. 72/86.

( 2 ) BRIEFLY stated the facts and circumstances leading to filing of the instant appeal are as follows: the petitioner Dipak Kumar Sarkar filed an application mainly praying for a decree of divorce dissolving the marriage between the petitioner and the respondent, Sima Sarkar. In the original petition, the petitioner alleged that the marriage between the parties was solemnized according to Hindu rites at Sodepur within P. S. Khardah in the District of 24-parganas (at present North 24-Parganas) in the father's house of respondent on 6th of December, 1976. The marriage between the parties was a negotiated one. It was alleged there that the parties lived together as husband and wife till the end of January, 1984 and out of the wedlock a female and a male children were born. At the time of filing the petition the age of the female child was 5 years and that of the male child was 9 months. It was further alleged that after their marriage, the parties started living at L. I. G. Housing Est