At the time of partition of the family property, it was agreed that the two male members, ‘A’ and ‘B’, will bear the marriage expenses of ‘C’, the female member of the family. However, ‘A’ and ‘B’ fail to fulfill this promise. What legal recourse does ‘C’ have?
TheSayeed Answered question March 15, 2024
Facts of the Case:
- During the partition of the family property, it was agreed that ‘A’ and ‘B’ would bear the marriage expenses of ‘C’, despite ‘C’ not being a party to this agreement.
- However, ‘A’ and ‘B’ fail to fulfill their promise to cover ‘C’s marriage expenses.
Issue in the Case:
- Can ‘C’, who was not a party to the agreement between ‘A’ and ‘B’, compel them to bear her marriage expenses?
Principle:
- Family settlements, partitions, and marriage settlements are exceptions to the rule of privity of contract.
- Privity of contract dictates that only parties to a contract can enforce it against each other, but exceptions exist for certain types of agreements within familial contexts.
Judgment:
- ‘C’ can file a suit to compel ‘A’ and ‘B’ to fulfill their promise of bearing her marriage expenses, despite not being a party to the original agreement.
- Family settlements and agreements made during partition, including those related to marriage expenses, are exceptions to the rule of privity of contract.
- The ruling is supported by the decision in Sundar Raja vs. Lakshmi Ammal, 1915 ILR 38 Mad, where the court held that a sister could enforce a partition deed despite not being a direct party
TheSayeed Answered question March 15, 2024