VAIKUNTAM AMMANGAR Vs. KALLAPIRAN AIYANGAR

JUDGEMENT

(1.) That the defendant was liable to be charged with the expenses for the marriage of the plaintiff's daughter was decided in the previous case Vaikuntum Ammangar V/s. Kallapiran Aiyangar I.L.R. 23 M. 512. So the only question before us is whether the expenses herein claimed, which were subsequently incurred, are legitimate marriage expenses. Upon the authorities it is perfectly clear that the ceremonies of Griha Pravesam and Ritusanti are essentially connected with the disposal in marriage of a girl of the Brahmin caste and invariably form a part of the marriage ceremonies. The circumstances that all the ceremonies are not now conducted consecutively as of old, does not affect the liability to pay for them by the person responsible in law to meet the charges connected with the girl's disposal in marriage, who in this case is the defendant. The amount allowed by the Munsif, which the judge also considers proper, was Rs. 15 for the Griha Pravesam and Rs. 140 for the Ritusanti, and we allow the plaintiff these sums or Rs. 155 in all.

(2.) It is not shown that the three other items claimed are legitimate expenses under the law. The fact that such expenses are usually incurred will not make them legally binding on the defendant. We must, therefore, disallow them in toto. It is objected that the plaintiff has not the right to sue, but as she is the person who was interested in making the payment which the defendant was bound to make, she was entitled to sue under Section 69 of the Indian Contract Act, as laid down in the former case.

(3.) We reverse the decree of the District Judge and in modification of the Munsif's decree award to the plaintiff Rs. 155 with costs on that amount throughout.