S.J.SYED ZIAUDDIN Vs. HASINA BANU

JUDGEMENT

(1.) The plaintiff in O.S.No.1344 of 2000 on the file of the III Additional District Munsif, Thiruchirappalli, is the appellant in this second appeal.

(2.) The appellant filed the said suit seeking the relief of declaration that his pronouncement of talaq on 1/5/2000, 7/6/2000 and 6/7/2000 had terminated his marriage with the defendant. The defendant filed written statement controverting the plaint averments. Based on the rival pleadings, the learned trial Munsif framed the necessary issues. The plaintiff examined himself as P.W.1 and one Haniba was examined as P.W.2. Ex.A.1 to Ex.A.15 were marked. The defendant examined herself as D.W.1. No document was marked on her side. Considering the evidence on record and after hearing both the parties, the learned trial Munsif by judgment and decree dtd. 8/2/2007 decreed the suit as prayed for.

(3.) Aggrieved by the same, the defendant filed A.S. No.237 of 2007 on the file of the Principal District Judge, Thiruchirappalli. The first appellate Court by the impugned judgment and decree dtd. 29/7/2009 reversed the decision of the trial Court, allowed the appeal and dismissed the suit. Aggrieved by the same, this second appeal came to be filed.