SUBHRO KAMAL MUKHERJEE, J.

( 1 ) THIS is an appeal against judgment and decree dated February 21, 2003 passed by the learned District Judge at Port Blair, District andaman in Matrimonial Suit No. 5 of 1998.

( 2 ) BY the impugned judgment and decree the learned District Judge decreed the suit filed by the husband, the respondent in this appeal, on contest, but without any order as to costs and granted the said plaintiff a decree for divorce under Section 13 (l) (i-a) of the HINDU MARRIAGE ACT, 1955, 1955 and consequently, the marriage between the parties stood dissolved.

( 3 ) BEING aggrieved the wife-defendant has come up with this appeal before this Court. This appeal was taken up for hearing in the circuit Bench at Port Blair, by consent of the parties, however, the records of the appeal have been transferred to Calcutta for disposal.

( 4 ) THIS case has a chequered history. The marriage between the parties was solemnised according to Hindu rites and customs at Port Blair, District : Andaman on december 12, 1994. The couple was blessed with a male child. The child was born in the wedlock on January 3, 1996.

( 5 ) ON April 11, 1997 the husband filed an application under Section 9 of the Hindu marriage Act, 1955, inter alia, praying for a decree for restitution of conjugal rights against the wife. The said application was registered as Matrimonial Suit No. 6 of 1997 in the Court of the learned District Judge, district, Andaman.

( 6 ) ON August 1, 1998 the wife filed her written statement in the said Matrimonial suit No. 6 of 1997. It was alleged by the wife that on February 4, 1997 the husband attempted to kill her by strangulation. She, however, managed to escape from the cruel clutches of the husband and took shelter in the bedroom and locked the bedroom from inside. The wife had to bear with such cruel torture by the husband as her parents went to mainland, they, however, came back to port Blair on February 10, 1997. The wife reported the aforesaid incident to her parents on their return from mainland. Again, on February 1, 1997 the husband and her parents abused the wife in most filthy languages and asked her to go out from the house. It was, further, alleged that the husband was shedding crocodile's tears and wanted to take back the wife with the intention to kill her. The wife expressed her apprehension that the husband was having some illicit connections with some other women elsewhere. It was stated, further, that the wife totally lost her faith and confidence in the husband and as such she was not willing to stay with the husband unless he agreed to stay in her parents house for sometime or till the wife regained her total confidence in the husband.

( 7 ) ON February 17, 1998 the husband filed an application expressing his intention not to proceed with the said Matrimonial Suit no. 6 of 1997. The learned District Judge on the said February 17, 1998 dismissed the said suit for non-prosecution but without any order as to costs.

( 8 ) ON the said February 17, 1998 the husband filed an application under Section 10 of the HINDU MARRIAGE ACT, 1955, 1955. The said application has been registered as Matrimonial Suit No. 5 of 1998 of the said Court. The husband in the said suit prayed for a decree for judicial separation. In the plaint of the said suit the husband contended that the wife was neglecting her husband. The wife filed her written statement in the said matrimonial Suit No. 5 of 1998 on August 13, 1998 to contest the claim of the husband.

( 9 ) ON November 16, 1998 the wife filed her additional written statement in the said matrimonial Suit No. 5 of 1998. In the said additional written statement certain allegations against the character of the husband were made. It was alleged that the husband was mixing with different women, but he terminated his relationships with those women after full satisfaction of his sexual urge. It was specifically alleged that the husband had cohabited with one Suja Philip, a pharm

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