( 1 ) THIS second appeal arises out of a suit for dissolution of marriage brought by the plaintiff-respondent against the defendant-appellant.

( 2 ) THE respondent, Smt. Rabia Bibi who is the wife of Abbas Ali appellant, brought this suit claiming divorce on grounds of cruelty and the false charge of adultery brought against her by the appellant. The lower appellate Court has held that the respondent failed to prove physical ill treatment. The Court further held that though the appellant had brought a charge of adultery against the respondent, it had been withdrawn unconditionally by the appellant and, therefore, it could also be no ground for granting a decree for divorce. The lower appellate Court, however, held in favour of the respondent that legal cruelty was established. The finding of the lower court is that the conduct of the husband had made the life of the wife miserable even though this conduct did not amount to physical ill-treatment and it has, on this ground upheld the decree for dissolution of marriage in favour of the respondent.

( 3 ) THE lower Courts finding that legal cruelty is established is based on proof of two facts. One fact found by the low