BHASKAR BHATTACHARYA, J.

(1) THIS first appeal is at the instance of a wife in a suit for divorce and is directed against the judgment and decree dated 29th July, 2005 passed by the additional District Judge, Third Court, Barasat, in Matrimonial Suit No. 23 of 2002 thereby dismissed the suit for divorce filed by the wife on the ground of desertion and cruelty.

(2) THE case made out by the appellant may be summed up thus:

(a) The parties are Hindus, governed by the Dayabhaga School of Hindu Law, and they were married on 4th day of December, 1997 within the jurisdiction of the Trial Court.

(b) After the marriage, initially, they lived together as husband and wife at the address of the respondent at Flat No. HC/3, Ram Krishna Sarani, baguihati. The appellant became pregnant, but due to physical assault and torture by the husband, the said pregnancy terminated on 22nd July, 1998.

(c) At the time of marriage, valuable gold ornaments, furniture, clothing and household articles valued more or less Rs. 1,50,000/- were presented to the wife by her parents and other relatives but all those articles were in the custody of the respondent and the respondent refused to hand over tho