Debi Prosad Dey, J.

This first appeal is directed against the judgment and decree passed by the Learned District Judge, Port Blair in Matrimonial Suit No. 60/2008 wherein and whereunder learned District Judge has dismissed the Matrimonial Suit filed at the instant of the appellant and thereby refused to grant the decree of divorce on the ground cruelty.

2. Being aggrieved by and dissatisfied with the judgment and decree passed by the learned District Judge, Port Blair, plaintiff/appellant (hereinafter referred to as ‘appellant’ only) has filed this first appeal on amongst other grounds that learned Trial Judge could not properly appreciate the factum of cruelty meted out to the appellant by the defendant/respondent (hereinafter referred to as respondent only) and that learned Trial Court failed to appreciate the admission of respondent regarding separate residence of the appellant and respondent for a long time and that learned Trial Court has completely misdirected itself in appreciating the case of the appellant and thereby came to an erroneous decision, which is required to be set aside by this Court.

3. It would not be out of place to mention in brief about the fact of t