( 1 ) THE main question that arises for consideration in this Second appeal is whether in fact the 1st plaintiff was divorced by her husband as alleged by him in his notices Ex. A. 3 dated 12-5-1960 addressed to Sri Md. Osman and Ex. A. 6 dated 16-7-1960 addressed to Sri Abdul Waheed Ovasi.

( 2 ) TO appreciate the point involved, whether the divorce of the 1st plaintiff by her husband the defendant takes effect from the date of the notice at least, in view of the denial by the wife (1st plaintiff) that she was never divorced as alleged in the notices on the night of the Nikah, it is necessary to state the relevant facts. The 1st plaintiff was married to the defendant (appellant) on 17-5-50 and the prompt dower fixed at Rs. 50. 00 was paid then and there at the time of the marriage. It is her case that her husband consummated the marriage and that a son (2nd plaintiff) was born to them on 31-3-60 and that subsequently the defendant neglected her and their son and refused to maintain them and then came forward with a false story in the notices issued by him that he had divorced her on the very day of Nikah in order to avoid the liability to maintain her and their son