BHATTACHARYA, J.

(1) This first appeal is at the instance of a wife in a proceeding for divorce on the ground of cruelty and is directed against the judgment and decree dated 29th November, 2005 passed by the Additional District Judge, Third Court, Barasat, District24 Parganas (North), in Matrimonial Suit No. 73 of 1998, thereby passing a decree for divorce on the ground that the wife had subjected the husband with cruelty, mental agony and humiliation by instituting a case under Section 498A of the Indian Penal Code and at the same time, the marriage had irretrievably broken down.

(2) Being dissatisfied, the wife has come up with the present first appeal.

(3) The respondent filed a suit, being Matrimonial Suit.No. 73 of 1998, under Section 13 of the Hindu Marriage Act, in the Court of District Judge, Barasat thereby praying for divorce. The said suit was subsequently transferred to the Court of Additional District, Third Court, Barasat.

(4) The case made out by the respondent in the said application for divorce may be summed up thus :

(a) The parties were married according to Hindu rites on the basis of negotiation and the marriage had taken place on 3rd March, 1995 at the place of residence of the wife.

(b) On the day following the marriage, there was acute necessity of the accommodation at the place of the husbands father and for such reason, the Boubhat ceremony was held at the residence of the uncle of the husband. The place of residence of the uncle of the husband was near the place of residence of the husbands father and as there was paucity of accommodation at the place of residence of the husbands father, the father and the uncle of the husband permitted the husband to reside in the uncles house with his wife.

(c) On 5th March, 1995, the Boubhat ceremony and Fulsajya were performed at the residence of the uncle of the husband and since then the parties started residing as husband and wife and the husband tried to lead the conjugal life with the wife at the said residence of his uncle.

(d) On the day fallowing the Fulsajya, the husband noticed that the wife was unmindful regarding any affairs of the husband and his family and sometime used to behave unmannerly with the husband and members of the family and also with the family members of the husbands uncle.

(e) Although, the marriage between the parties had taken place on 3rd March, 1995, the wife always used to fight shy of the husband and on almost all the occasions, she told the husband that it would not be possible for her to lead the conjugal life with the husband at the place of the husband.

(f) After the solemnisation of the marriage, when the husband brought the wife at her mothers place, the husband noticed that the wife behaved in such fashion and made some allegations against the parents of the husband and told in the presence of her mother that it would not be possible for her to lead the conjugal life with the husband at the place of residence of the husbands uncle.

(g) For giving contentment to the wife, the husband took loan from his employer and made new construction at the place of residence of his father with a view to shift the matrimonial home to the place of the husbands father. When the construction of the room had started and was in progress, the husband noticed that the wife used to instigate the uncle of the husband and also the parents of the husband so that the parties would not lead a conjugal life at the place of residence of the husbands father. On trifling matters, she used to quarrel with the members of the husbands family and used to through utensils. (h) The wife was all along unmindful regarding the family affairs which is expected from a dutiful wife of a middle class family and on a very trivial matter, she used to quarrel with the husband. Soon after the marriage, the wife took all her ornaments at the place of her mother with a plea that as her mother was an employee of a nationalised bank, she would keep those ornaments