Sankari Prasad Das Ghosh, J.

This is an appeal by the husband against a decree for dissolution of marriage on the ground of cruelty.

2. It is not disputed that a marriage between the parties was solemnised on 14.7.78 under the Special Marriage Act, 1954 (hereinafter called the "Act" for the sake of convenience) before a Marriage Officer, Shri Sisir Sen, for the District of Calcutta and 24 Parganas. Subsequently, on 28.1.80 the wife, Saswati alias Munu brought a Matrimonial Suit, being Matrimonial Suit no 58 of 1980, in the court of the District Judge at Alipore for dissolution of the marriage by a decree of divorce on the grounds of cruelty and desertion. There was an alternative prayer in that suit for a decree for judicial separation between that parties. In that suit, there was a petition by the husband-appellant. In July, 1981 about luck of territorial jurisdiction of the District Judge, Alipore to try that suit on the ground that both the husband appellant and the respondent wife admittedly resided outside the jurisdiction of the District Judge at Alipore and that the marriage was solemnised at Shyamacharan Dey Street, Calcutta, outside the jurisdiction of the District J