Satyabrata Sinha, J. - (1.) This appeal is directed against a judgment and order dated February 9, 1984 passed by Sri M.R. Mullick, District Judge, Howrah whereby and where under the said learned Judge allowed the suit for divorce filed by the Respondent herein.
(2.) Having regard to the nature of the controversy it is not necessary to state the fact in great detail. Suffice it to point out that the parties were married according to Hindu Rites and had started living together at village Pantihal. The Respondent herein brought out the aforementioned suit for divorce, inter alia, on the ground that the Appellant herein was leading an adulterous life with one Dilip Das and again with one Manick Khara. By an amendment the ground of cruelty had also been taken. The Appellant herein in her written statement as also additional written statement denied and disputed the aforementioned allegations. The learned Judge having regard to the pleadings of the parties framed the following issues: 1. Is the suit maintainable in its present form? 2. Is the Respondent is guilty of adultery? 3. Is the Petitioner entitled to get a decree of divorce as parlayed for ? 4. To what other relief or reliefs, if any, is the Petitioner entitled ? 5. Is the suit bad for non-joinder of parties ? 6. Is the Respondent No. 1 guilty of cruelty ?
(3.) The only issue pressed before the learned trial Judge was whether the suit should have been decreed on the ground of cruelty of the Appellant or not ?;