PREMA KORGAOKAR MISS Vs. MUSTAK AHMAD

JUDGEMENT

(1.) This appeal by the original-plaintiff is against the judgment and decree dismissing her suit for damages of Rs. one lac based on the ground of breach of promise of marriage.

(2.) The case of the appellant is that she is Goansee Brahmin coming from poor family. In 1978. she had started working as a part-time typist in a typing institution Goodluck Typing Center in Santacruz (East) Bombay which was run by the respondent-defendant The defendant was also working as a Steno-typist in Indian Oil Corporation at Bombay. The respondent-defendant developed friendly relations with the appellant- plaintiff. In 1980 the defendant was transferred from Bombay to Rajkot office of Indian Oil Corporation. The appellate-plaintiff accompanied the respondent-defendant to Rajkot on promise to find out a job for her. Relying on him she came to Rajkot on 23-3-1981 and stayed with the respondent-defendant in Ashok Hotel for three days. The respondent- defendant being a Muslims although married stated to the appellant- plaintiff that his wife was unable to conceive and bear a child and therefore he had to adopt the child of his sister in-law. But the respondent-defendant was very much desirous of having his own child and therefore the defendant who could have another wife under his personal law proposed and promised to marry her and give her the status of wife. On such promise by the respondent-defendant and in expectation of married life the appellant-plaintiff was induced to surrender herself to the respondent-defendant. The respondent-defendant also changed the name of the appellant-plaintiff from Prema Koregaonkar to Parvin Ahmad. The respondent-defendant took her to a building Rafik Manzil from Ashok Hotel in Rajkot and thereafter lived with the appellant--plaintiff as husband and wife. However when the appellant-plaintiff insisted on marriage the respondent-defendant started harassing her and the appellant-plaintiff was put into a very awkward position. She was not even able to go to her relations. She had therefore. sought help of the Social Security Branch of Rajkot police. Ultimately she was deserted by the respondent at Rajkot a for away place from her relations. She submitted that she had lost everything in her life and all chances of happiness in life and of finding out a suitable life partner in her caste or society and that the respondent has ruined her by committing breach of promise to marry her and she claimed compensation for the same amounting to Rs. one lac with interest at 18% from the date of the suit.

(3.) The respondent-defendant denied all the material averments of the appellant-plaintiff. He denied that they had stayed together for three days in Ashok Hotel at Rajkot. He denied that his wife was unable to conceive or that he wanted to have a child of his own. He denied that the appellant-plaintiff had surrendered herself to the respondent-defendant and that they had lived together in Rafik Manzil and at various other places in Rajkot as husband and wife. It is submitted that the appellant had come to Rajkot and was residing in the family of the respondent-defendant as a friend and during the course of the time it was found that she was not of good moral character and she could not be kept with the cultured family of the respondent-defendant and ultimately she was asked to leave the house of the respondent-defendant and as a result she contacted the Social Security Branch of Rajkot police. It was denied that the respondent- defendant had any illicit relations with the appellant-plaintiff. It was submitted that as per the writing before the Social Cigarette Branch of Rajkot police the respondent-defendant was only liable to pay the maintenance for the period from 9-1-1982 till April 1982 and therefore Novatio was pleaded. It was also submitted that the suit was filed with a view to extort money from the respondent-defendant.