( 1 ) INSTANT appeal is directed against the judgment and decree dated August 24, 2001 passed by the learned Additional District Judge, 4th court at Alipore in Matrimonial Suit No. 2/1989.

( 2 ) FOR the sake of convenience the parties shall hereinafter be referred to as the 'husband' and the 'wife'.

( 3 ) HUSBAND instituted the aforesiad matrimonial suit praying for a decree of divorce on two grounds i. e. cruelty and desertion. By the judgment and decree under appeal the said suit was dismissed.

( 4 ) IT is not in dispute that the parties hereto were married on September 10,1981 and the marriage had been registered under the Special Marriage act, 1954. It is also not in dispute that no formal ceremonial function was performed for the said marriage or even thereafter.

( 5 ) IT also appears from the pleadings and evidence on record that the respondent/defendant (wife), after the marriage, lived in her paternal house. The appellant-husband lived in a separate house with his family comprising of grandmother, mother and unmarried sister. According to the husband after the marriage in September, 1981 the wife started behaving in the manner which caused humiliation, insul