DINABANDHU MANDAL Vs. MAHENDRANATH MANDAL

JUDGEMENT

(1.) Defendant is the appellant against the affirming judgement.

(2.) Plaintiff filed the suit claiming damages to the tune of Rs. 4,100/- on the allegation that the defendant developing intimacy with plaintiff's daughter Shanti illegally seduced her and had illicit intercourse with Shanti. Plaintiff's wife's sister Bimala once saw Shanti and the defendant in a compromising position in Dec. 1971 and told the plaintiff about it. Plaintiff then came home and enquired into the matter and could know that Shanti was in an advanced stage of pregnancy. Shanti narrated her father that the defendant had promised to marry her. Plaintiff, therefore, convened a panchayati of the caste men, but the defendant absconded and did not attend the meeting. Shanti gave birth to a child on 27-2-1972. Plaintiff alleged that on account of such illegal seduction and intercourse by the defendant and the consequent pregnancy of Shanti, the plaintiff's family suffered dishonour and disgrace as well as mental agony and lost social position. Plaintiff also alleged that on account of the pregnancy and child-birth, plaintiff lost the services of his daughter Shanti for a considerable period and accordingly plaintiff filed the suit for damages to the tune of Rs. 4,100/-.

(3.) The defendant denied all the allegations made in the plaint. It was further stated that Shanti was not performing any domestic work in the house of the plaintiff and, therefore, the plaintiff had no right to demand or expect any service from Shanti. The defendant stated that the plaintiff was not entitled to any damages.