BHASKAR BHATTACHARYA, ACJ.

(1.) This appeal is at the instance of a husband in a suit for divorce on the ground of cruelty and desertion and is directed against the judgment and decree dated 31st March, 2004 passed by the Additional District Judge, Fifth Court, Alipore, Dist.-South 24-Parganas, in Matrimonial Suit No.52 of 1996, thereby dismissing the suit on the ground that the plaintiff had failed to prove cruelty and desertion alleged in the petition for divorce.

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

(3.) The appellant filed in the Court of the District Judge a suit being Matrimonial Suit No.226 of 1996 against the respondent for divorce, which was transferred to the Court of the Additional District Judge, Fifth Court, Alipore, and was renumbered as Matrimonial Suit No.52 of 1996.

(4.) The case made out by the appellant may be summed up thus: (a) The husband is a B.Sc, B.A., Calcutta University and B.E.E. of Jadavpur University and was employed in the Electrical Engineering Department of Jadavpur University as Superintendent (Technical) and part-time Lecturer in Electrical Engineering and Photography. The respondent is a graduate i