1. Vide impugned judgment of 15th December, 1997 appellant's petition for divorce on the ground of cruelty and adultery stands dismissed while holding that appellant in the earlier petition for divorce i.e. HMA case No.165/1996 instituted on 2nd April, 1996 had not taken the ground of adultery and so, the ground of adultery is not available to appellant. Regarding appellant not substantiating the allegation of cruelty, the findings returned in the impugned judgment are as under: -

“The petitioner has sought the dissolution of marriage between himself and the respondent no.1 on the ground of cruelty and has referred to certain incidents of cruelty committed by the respondent no.1 against him. Both the parties have tried to make improvements in their respective cases by introducing new facts, during the course of their examination-in-chief and material contradictions appear in the pleadings and evidence of both the parties. In the earlier petition the date of notice was mentioned by the petitioner as 21/11/95 but in the present case the date of said notice is alleged to be as 26/11/95 while in the cross-examination of the petitioner he has alleged the date of the said notic