(1) THE appellant is the husband. He married the respondent on 24/2/1978. For about 15 months they lived together and thereafter differences arose necessitating a separation. The husband then filed a divorce petition in 1981 seeking dissolution of the marriage on three counts, namely (1 desertion, (2 cruelty and (3 unsoundness of mind. The trial court granted decree for divorce on the first two counts rejecting the third count. The First Appellate court, however, affirmed the decree on the first count only, namely, cruelty, rejecting the second count of desertion. In second appeal the High court reversed the decree holding that the husband had failed to prove cruelty. It is against this order of the High court that the present appeal is preferred.

(2) WE may also mention that after the First Appellate court affirmed the decree of divorce on 29/8/1988 and after the second appeal was preferred by the wife, the husband married again on 21/11/1988 and has a child through this marriage. This is a feature which was highlighted before us in the course of the hearing.

(3) WE have heard learned counsel for the parties and have perused the line of reasoning adopted by t