SHOBA Vs. CHANDRASHEKAR PATIL

JUDGEMENT

(1.) The defendants in O.S.No.146/2009 have preferred this appeal assailing judgment and decree passed in R.A.No.17/2015 by the Principal District and Sessions Judge at Raichur dated 07/04/2016 by which, judgment and decree dated 31/03/2015 passed by the Principal Senior Civil Judge and CJM at Raichur in O.S.No.146/2009 has been modified.

(2.) For the sake of convenience, the parties herein shall be referred to, in terms of their status before the trial Court.

(3.) Respondent - plaintiffs filed the suit against the defendants seeking damages of Rs.5,62,390/- with future interest at 24% per annum and costs. Plaintiff No.1 is the son of plaintiff No.2. Defendant No.1 is the daughter of defendant Nos.2 and 3 and sister of defendant No.4. The relationship between the parties is not in dispute. According to the plaintiffs, there were negotiations for marriage between plaintiff No.1 and defendant No.1. The said talks were held in the presence of elders. Engagement ceremony was performed in Basava Kalyana Mantapa at Basaveshwara Devasthana, Shaktinagar, Raichur district. The engagement ceremony was solemnized in the presence of the parents, relatives, well- wishers and invitees. According to the plaintiffs at the time of engagement, plaintiff No.1 gave 8 tolas of gold, one pair of silver chain and costly saree to defendant No.1 through his sister. The gold was in the form of a necklace chain, a pair of ear rings with jumka and ring. The value of the leg chain was Rs.1,500/- and saree was Rs.5,200/-. Thus plaintiff gave articles worth Rs.1,27,000/- to defendant No.1. The engagement ceremony was videographed and photographs were also taken. It was mutually agreed between the parties that the marriage would be performed in six months' time. But after a month after the engagement ceremony, defendant No.1 having secured a good rank in C.E.T. and having got admission in K.L.E. Pharmacy College, Gadag, it was found that defendant Nos.2 and 3 were unable to spend for her education. Therefore, they approached plaintiffs and requested them to help defendant No.1 to continue her education. Plaintiffs agreed to help in her education with a request to perform the marriage of plaintiff No.1 with defendant No.1 before the admission to B.Pharmacy course. But defendants expressed that since B.Pharmacy course was tough, the marriage would be performed after completion of first year B.Pharmacy. In the meanwhile, marriage of sister of plaintiff No.1 was arranged to be performed on 03/05/2006. Plaintiffs requested defendants to perform the marriage of plaintiff No.1 and defendant No.1 on the same day so as to minimize expenses. Defendants assured that the marriage would be performed after the completion of B.Pharmacy course of defendant No.1 and without any further delay. According to the plaintiffs a sum of Rs.20,000/- was paid towards the annual fee for four years from 2004-05 to 2007-08. The said amount was paid by plaintiff No.2 to plaintiff No.1 who in turn paid it to defendant No.2 and then defendant No.2 used to pay the same to defendant No.1 for the purpose of utilizing the same for her education. Further, the plaintiffs have averred that a sum of Rs.1,50,000/- was paid to defendant No.1 directly towards her clothing, boarding, hostel and other miscellaneous expenses for the four year period. That plaintiff No.1 and defendant No.1 used to meet regularly, spend time together and attend religious functions. Finally, their marriage was fixed to be performed on 20/04/2009. Plaintiffs began to make arrangements. On 01/12/2008 they booked Veerashaiva Kalyan Mantap for the purpose of marriage to be held on 20/04/2009 and paid an advance amount of Rs.15,000/- apart from other advances paid to the caterers, decoration, band, photography, videography, etc. In February, 2009 defendant No.1 informed that she had passed B.Pharmacy degree in first class and therefore plaintiff No.1 and defendant No.1 went and performed a pooja in that regard on 26/02/2009. All arrangements were being made for conducting the marriage on 20/04/2009. But all of a sudden, on 05/04/2009 defendant Nos.4 and 5 along with their relative and Advocate and other persons went to plaintiffs' house and expressed that defendant No.1 intended to prosecute higher studies i.e., M.Pharmacy course and if plaintiffs promise to get her admission in the said course and bear the expenses, she would marry plaintiff No.1. Plaintiffs expressed their unwillingness to the said condition but defendant Nos.4 and 5 replied that defendant No.1 has determined not to marry plaintiff No.1 if the said condition was not fulfilled. Plaintiffs were shocked at the request made by defendants. Defendants went away stating that plaintiff No.1 was free to marry any other girl of his choice. After two days, plaintiff No.1 went to defendants' house and requested for performance of the marriage as arranged, but defendants refused. Defendant No.1 also refused to marry plaintiff No.1. The proposed marriage between the parties was broken. Plaintiff No.1 and his family members were shocked and insulted and humiliated and their reputation in the society suffered. Contending that defendant No.1 has committed breach of promise to marry and that defendant Nos.1 to 5 have deceived plaintiffs with false promises to get an unjust enrichment, the plaintiffs filed the suit seeking damages of Rs.3,00,000/- towards mental agony, loss of reputation etc. and Rs.2,62,390/- towards the money spent by them for making arrangement towards the marriage.