This is an appeal preferred against the judgment and decree dated 31.5.2004 and 18.6.2004, respectively, passed by the learned District Judge, Bongaigaon in TS(D) No 55/1998, granting decree of divorce to the respondent husband, on the grounds of cruelty and desertion.

2. The respondent husband filed a petition, under sections 13(1)(i-a) and/or 13(1)(i-b), read with section 21 -B of the Hindu Marriage Act, 1955, (for short the "Act"). The respondent husband's case, in brief, is that the marriage between him and the appellant, was solemnized on 19.11.92 as per Hindu rites and customs. The respondent husband is an employee of the Bongaigaon Refinery and Petro-Chemicals Limited and the appellant is an employee of the Government of Meghalaya, working as a Junior Divisional Accountant, posted at Tura. From the very beginning of their marriage, the appellant treated respondent husband with extreme cruelty and she was trying to fish out grounds with the intention of deserting respondent husband on one pretext or the other. The appellant was also not interested to lead a conjugal life or to cohabit with him. It is also stated that the appellant wife refused to cohabit with him after about two months of their marriage severing their relationship. She made occasional visits to the matrimonial house, only to pick up quarrels with all the members of the family. The appellant also filed false police cases against him. She took serious exception to the close relatives of the respondent husband, residing with him. The appellant had approached the members of various organizations and authorities and fed them with false allegations of physical and mental torture and demand of dowry. She filed a case under section 498(A)/323 IPC, alleging physical and mental torture and demand of dowry, against the respondent husband and the said case was filed as a ploy to leave the matrimonial house. She also filed a complaint before the National Commission for Women, New Delhi, without any just or cogent cause. The National Commission for Women, New Delhi, vide letter dated 1.1.96, advised the appellant to institute a divorce proceeding and/or to file a case for maintenance against the respondent husband. Suppressing the aforesaid letter dated 1.1.96, the appellant again filed a complaint before the National Commission for Women on 8.9.97, which was subsequently sent to the District Women Cell, Bongaigaon, for appropriate action and the District Women Cell, Bongaigaon, drew up a proceeding against him. Aggrieved by the proceeding against him, the respondent husband had approached this Court by filing Civil Rule No 1552/98 and this Court had stayed the said proceeding vide order dated 6.4.98. Efforts were also made by this Court to reconcile the parties by facilitating conciliation between them through intervention of a learned advocate of this Court and despite efforts made, conciliation failed. This Court, finally vide order dated 13.11.98, after perusal of the report prepared in connection with the conciliation proceeding, disposed of the writ petition, observing that either of the parties may file appropriate divorce suit.

3. On these broad allegations of desertion and cruelty, the aforesaid divorce suit was filed by the respondent husband. The appellant wife was served notice of the proceeding. However, as the impugned order dated 31.5.2004 would reveal, the suit proceeded ex parte against the appellant wife for her failure to file written statement. The respondent husband adduced his evidence on affidavit on 27.5.2004 and the learned trial Court heard the submissions of the learned counsel for the respondent husband on that date and, thereafter, vide judgment dated 31.5.2004, which is challenged in this proceeding, being satisfied that the appellant wife had treated the respondent husband with cruelty and had deserted her husband without any just cause, granted the decree of divorce to the respondent husband.

4. We have heard Mr SP Roy, l