( 1 ) THISFIRST appeal is at the instance of a wife in a suit for divorce filed by the husband and is directed against the judgment and decree dated 8th December, 1994 passed by the additional District Judge, 11th Court, alipore in Matrimonial Suit No. 12 of 1993 thereby passing a decree for divorce on the ground of cruelty.

( 2 ) THE husband filed an application for divorce under Section 27 (i) (d) of the Special marriage Act thereby praying for divorce on the sole ground of cruelty and the case made out by the respondent may be precised thus:

(a) The parties were married according to the Special Marriage Act and subsequently, a social marriage was solemnised on 21st february, 1985 at 8, Ram Mohan Roy Road, calcutta-700 009, the ancestral house of the husband.

(b) The husband was initially an employee of the United Industrial Bank but the said bank having been merged with the allahabad Bank, at the time of institution of the proceedings the husband was an employee of the Allahabad Bank. The wife, prior to her marriage, was an instructress in a physical training Institute and the marriage was an outcome of love affairs between the parties

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(c) The parties