LAWS(KER)-1990-3-20

ADAM Vs. MAMMAD

Decided On March 23, 1990
ADAM Appellant
V/S
MAMMAD Respondents

JUDGEMENT

(1.) Plaintiffs are the appellants. They filed the suit for damages alleging that the defendant resiled from the agreement to give his daughter in marriage to the third plaintiff. The Sub Judge dismissed the suit.

(2.) Defendant contended that there was only a proposal or enquiry regarding the marriage and that no agreement as such was entered imp between the parties and so the plaintiffs cannot claim any amount as damages.

(3.) The true position of a Muslim marriage is expounded in Abdul Khadir v. Salima (8 Allahabad 149) thus:--