Jyotirmay Bhattacharya, J. - (1.) THIS first appeal is directed against the judgement and decree passed by the Learned Additional District Judge, 4th Court at Alipore on 30th April, 2012 in Matrimonial Suit No. 8 of 2008 at the instance of the petitioner/appellant (husband).
(2.) THE husband filed a suit for divorce against his wife under Section 27(1)(a)(d) of the Special Marriage Act. Several allegations of cruel treatments which the husband received from his wife were mentioned in the said application for divorce. The husband has also alleged that the wife has deserted him. Thus, he prayed for decree of divorce on the ground of cruelty and desertion. The respondent (wife) contested the said suit by filing written statement denying the allegations made by the husband in the divorce petition. Apart from denying the allegations made by the husband in the divorce petition, the wife has also stated in her written statement that the husband was cruel, ungrateful, evil in nature and utmost greedy. She also described her husband as vagabond and a roadside romeo not earning a single penny. She also alleged that her husband developed an intimacy with the private secretary -cum typist and started spending hours together staying back late in the office, in hotels and restaurants and in cozy postures.
(3.) ON the basis of the aforesaid pleadings of the parties, the following issues were framed: - "1. Is the suit maintainable in its present form? 2. Did the respondent desert the petitioner from his society? Did the respondent show cruelty to the petitioner both mentally and physically? 3. Is the marriage between the parties has broken down beyond repair? 4. Has the respondent extra marital relationship with another person?;