AJMERYLUSSAN Vs. MOIN AHMAD

JUDGEMENT

(1.) THIS is Defendant's second appeal.

(2.) THE suit was filed by the Respondent for a declaration that he had divorced the Defendant and that the Defendant was his divorced wife. It was stated in the plaint that the Defendant was divorced by a pronouncement in writing in the presence of the witnesses on 16 -11 -1972. The Plaintiff was in service in the Military and the Defendant had been making complaints to his superior officers. She paid no heed to the request of the Respondent that since she had already been divorced, she should stop making complaints. It was in these circumstances that the suit was filed. The suit was contested. The claim of the Plaintiff -Respondent that he had divorced the Appellant by a document in writing on 16 -11 -72 was denied. She claimed that she was still the legally wedded wife of the Respondent. It was also pleaded by the Appellant in her written statement that the Plaintiff had married a second wife on 14 -4 -1973 and since the second marriage was not permissible under the service rules, the Plaintiff had therefore falsely started saying that he had divorced the Defendant, although he had not actually divorced her.

(3.) I have heard the learned Counsel for the parties.