D.K. Seth, J.

Introduction: A very important question with regard to the matrimonial matter has since been raised by Mr. Bagchi, appearing for the appellant. Mr. Murari Das Roy, appearing for the respondent, added flavour to the said point. The question involved is the question of guilt theory and break-down theory of a matrimonial home. It is to be considered which of these theories would prevail or succeed in a conflict between the two theories. But such question could be decided only on the basis of given facts. But then, admittedly, these two theories are to be balanced in a manner so as not to destroy the object and purpose of the matrimonial law. Matrimonial law predominantly seeks to preserve the matrimony. It allows breakage only when a matrimony is irretrievably broken. It provides for reconciliation at various stages. The aims and objects are not to destroy but to preserve the matrimony. The matrimony is a unit of the society, which contributes to the civilization, growth and prosperity of the mankind. Human being is nurtured, brought up, fostered and initiated for the society in the house by the parents, the matrimony. Destruction of matrimony, therefore, is a gra