Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the records.

This appeal is preferred under Section 19 of Family Courts Act, 1984. It arises out of judgement and decree dated 30th December, 2011 passed by the learned Principal Bench, Family Court at Calcutta in Matrimonial Suit No. 182 of 2005, (Sri Anindya Deb versus Smt. Debjani Deb) filed by the husband under Section 13 (1)(I) and (ia) of the Hindu Marriage Act.

The judgement impugned aforesaid is assailed on the ground that the trial court erred in law as well as on facts in dismissing the Matrimonial Suit No. 182 of 2005 as it failed to appreciate that appellant had made out a clear case of cruelty and adultery by his wife as such the suit ought to have been allowed in his favour.

Counsel for the appellant also assailed the judgement impugned on the grounds that not only the learned trial court failed to appreciate the evidence and materials on record i.e the contents of the diary maintained by the wife in her own hand writing, which according to the plaintiff/husband clearly established her illicit relationship with her alleged paramour Siraj Roy respondent no. 2, according to him, this conduct of th