Arijit Pasayat, CJ.

Petitioner sought a decree for dissolution of her marriage with respondent on alleged ground of cruelty and desertion by moving a petition under S.10 of Indian Divorce Act, 1869 (in short, 'the Act').

2. Factual position, as stated by petitioner in a nutshell, is as follows: Petitioner and respondent are Syrian Christians. Their marriage was solemnised on 30.9.1985 according to custom of community. A sum of Rs. 41,000/- was given to respondent as "Sthreedhan" by petitioner's parents. A property was purchased in their joint names by sale deed dated 27.11.1987. Amount given by way of Sthreedhan was utilised towards sale consideration. Every now and then, respondent physically assaulted petitioner and she had to take refuge in her parental house in order to escape from cruel behaviour of respondent. Respondent's mental condition was abnormal and had to undergo treatment for mental disorder before and after marriage. On these occasions, physical and mental harassments were more aggressive. Petitioner gave birth to a male child. On 18.10.1990, as it became impossible for her to live with her husband, she, along with the child, was forced to leave the compan