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 t