KUNJU KUTTY Vs. KUNCHAN

JUDGEMENT

(1.) The lower appellate Court was right in disallowing the plaintiff's claim for damages. The damages sought to be recovered are for breach of a contract to marry a girl who was a major on the date of the contract and who was also not a party to the contract. The suit was not filed and the damages were not sought to be recovered for and on her behalf. The mother who made the contract sought to recover the damages for mental pain and loss of reputation caused to her and not to the intended bride. The contract was not one made by the mother for and on behalf of the intended bride, and therefore I agree with the lower appellate court's view that it is not enforceable in law. This view is supported by the decisions in AIR 1934 Peshwar 22 and ILR 37 Madras 393. The Second Appeal is therefore dismissed. Parties will bear their costs in this Court also.