BHASKAR BHATTACHARYA, J.

(1) This First Appeal is at the instance of a husband in a suit for divorce on the ground of cruelty and desertion and is preferred against the judgment and decree dated 21st February, 2005, passed by the learned Additional District Judge, Eleventh Court, Alipore, in Matrimonial Suit No.29 of 2002 thereby dismissing the suit.

(2) Being dissatisfied, the husband has come up with the present first appeal. The appellant before us filed in the Court of learned District Judge, Alipore, a matrimonial suit, being Matrimonial Suit No.104 of 1992 under the provision of Section 27(1)(b) and (d) of Special Marriage Act, 1954, for divorce. The said suit was subsequently transferred to the Court of Additional District Judge, Eleventh Court, Alipore, and was re-numbered as Matrimonial Suit No. 29 of 2002.

(3) The case made by the appellant may be summed up thus. (a) The parties were married on 18th November, 1974, before the marriage officer at Deshapran Sasmal Road under the Special Marriage Act and subsequently, there was a social function in the house of the respondents elder sister on 7th March, 1977. The marriage was duly consummated and a son was born in