H.N. Sarma, J.

1. This appeal is directed against the judgment and order dated 16-9-2003 passed in T.S. (D) No. 06/03 by the learned District Judge.

2. Although the suit of the plaintiff/respondent was dismissed but the findings on the Issue No. 3 having been gone totally against the appellant/defendant, necessity arose for her to file this appeal.

3. I have heard Mr. D. Choudhury, learned Counsel for the appellant and Mr. D.M. Thakuria, learned Counsel appearing for the respondent/husband.

4. The respondent/husband instituted the aforesaid suit praying for a decree of divorce to dissolve the marriage between the parties. The pleaded case of the respondent/plaintiff is that he married appellant/defendant on 8-8-98 at Village Bhadra according to Hindu Rites but from the very beginning of the marriage they could not live a happy marital life due to ill behaviour of the defendant. At para 3 of the plaint it is pleaded as follows:

3) That the cruel and untold harsh behaviour has reached zenith. When the petitioner got married for the 2nd time with the full consent of the opposite party. It is submitted here that the opposite has no issues and she is incapacitated to give birth to an