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TMI Blog1949 (8) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... this second appeal arises was filed by the wife against her husband for the recovery of a sum of ₹ 1,000 stated to have been spent by her in connection with the marriage of the daughter. The suit was decreed by the District Munsif. On appeal the learned Subordinate Judge held that though the wife might have spent ₹ 1,000 in connection with the marriage, she could not recover it from her husband, he being under no legal obligation to get his daughter married. The wife has therefore preferred this second appeal. 2. In Sundari Ammal v. Subramania Aiyar, 26 Mad. 505, Davies and Bhashyam Ayyangar JJ. held that a Hindu father was under no legal obligation to get his daughter married and that a wife who expended money on her daught ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30), it is stated that the decision in Sundari Ammal v. Subramania Aiyar, 26 Mad. 505, requires reconsideration, without, however, stating any reason for that opinion, beyond a reference to Subbayya v. Anantaramayya, 53 Mad. 84: (A.I.R. (16) 1929 Mad. 586 F.B.) which, however, dealt with the liability of joint family property to meet the expenses of the marriage of the daughters of the family. It has now been authoritatively held by the Judicial Committee that in the case of an unmarried daughter, her right to maintenance and marriage expenses out of joint family property is in lieu of a share on partition; a provision should accordingly be made for her marriage expenses in the decree (for partition) , Rajagopala Aiyar v. Venkataraman, 194 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of his argument that it is the imperative duty of the father to get his daughter married before she attains puberty. The passage is as follows: The father, the paternal grandfather, the brother, a Sakulya or members of the same family, the mother likewise, in default of the first, the next in order if sound in mind, is to give a damsel in marriage; not giving becomes tainted with the sin of causing miscarriage at each of her courses; in default however of the (aforesaid) givers let the damsel herself choose a suitable husband. The order of guardianship in connection with the marriage of a minor girl given above is eon-fined to the giving of the girl in marriage, where ceremonial competency is requisite for the person giving away t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny joint family property or not. This is a matter of personal obligation but it is doubtful whether this obligation extends beyond providing food, raiment and residence and under modern conditions, some measure of education, conformably to the status, social position and financial resources of the family. Mr. Vepa Sarathi would extend this obligation to the provision of expenses for the marriage of a minor daughter as well, on the strength of a decision of Horwill J. in Rahima Bibi v. Sharfuddin, 1946-2 M. L. J. 305: (A. I. R. (34) 1947 Mad. 155). The learned Judge there held that the principle underlying section 68, Contract Act, applied to the marriage expenses of minor Hindu girls and extended the same reasoning to the marriage of a mino ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he apprehension of some pecuniary loss, inconvenience or detriment and not an interest based on grounds of mere sentiment or moral or social obligation. Section 70, Contract Act, would also not apply to the present case. It is not in every case where one person pays or spends money which should have been paid or expended by another that an obligation to repay arises: The question is not to be concluded by nice considerations of what may be fair and proper according to the highest morality. To support such a suit there must be an obligation, express or implied, to repay . Ram Tabul Singh v. Bisesswarlal Sahoo, 2 I. A 131 : (15 Beng. L. R 208 P. C.), quoted in Man Mohan Das v. Janaki Prasad, 1945-1 M. L. J. 97 : (A. I. R. (32) 1945 P. C. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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