KAMARDEEN Vs. HASHMAT BANO

JUDGEMENT

(1.) Heard learned counsel for the appellant on admission of second appeal.

(2.) The appellant's plaint was presented praying for decree for divorce on the ground of failure of respondent of performing the duties of conjugal rights and living separately from the plaintiff, without any reason. The appellant further pleaded in the plaint that on 23.10 2004 he divorced his wife by saying 'Talaq' three times and the same is recorded on stamp paper.

(3.) The defendant respondent denied the facts of the plaint of which the plaintiff appellant filed rejoinder to the written statement. The learned trial court framed the following three issues on the basis of the pleadings of the parties :-