THIRUVATHAMMAL Vs. VAGUNATHAN ALIAS KUPPA GOUNDAN

JUDGEMENT

(1.) This second appeal is filed by the two plaintiffs in O.S. No. 344 of 1945, who are aggrieved by the dismissal of their suit by the Courts below. They instituted the said suit in the Court of the District Munsif of Tirupattur for recovering a sum of Rs. 850 for the expenses incurred in connection with the second plaintiff's marriage, and Rs. 116-3-0 interest that accrued thereon upto the date of the plaint.

(2.) The first plaintiff is the mother of the second plaintiff and the wife of the defendant. The marriage between the first plaintiff and the defendant did not prove to be a happy one, and in or about 1925, the plaintiff separated herself from her husband on the latter agreeing to pay maintenance, as provided in Ex. P-l. At that time, the second plaintiff was only two years old. Subsequently, the defendant married a second wife, and by her had some daughters. In 1940, the defendant issued a notice under Ex. P-2 calling upon his wife no to get the second plaintiff married to the former's brother, and leave the question of the second plaintiff's marriage to him. In spite of this, the second plaintiff was married to the first plaintiff's brother & the defendant was called upon to meet the expenses of this marriage aS he refused to do so, the plaintiffs instituted the present suit for the recovery of the amount mentioned above.

(3.) Th suit was opposed on various grounds relating to the customs of the community according to which the marriage expenses are not incurred by the bride's party. It is to be noted that there is no plea raised in the written statement that there is no legal obligation on the part of the father to bear the expenses one daughter's marriage.