Chellappa Et Al V. Kumarasamy Et Al.,

Present   : Ennis J. and De Sampayo J.   1915.

CHELLAPPA et al. v. KUMARASAMY et al.

308-D. C. Jaffna, 9,437.

Tesawalamai-Right of wife to deal with immovable property without consent of husband-Marriage according to Hindu custom after having given notice of marriage under the Marriage Ordinance.

Under the Tesawalamai a married woman is not competent to deal with her immovable property without the concurrence of her husband.

Where parties, after giving notice of marriage under the Marriage-Ordinance of 1907, went through a marriage ceremony according to Hindu custom,-

Held, that the marriage was not invalid.

In re Vairamuttu commented upon.

THE facts are set out in the judgment of Ennis J.

Bawa, K.C. (with him Balasingham), for appellants.

Arulanandam (with him J. Joseph), for respondents.

Cur. adv. vult.

436

September 30, 1915. ENNIS J.-

The plaintiffs-appellants in this case sued for a declaration of title to certain land, and for possession.

The plaintiffs are husband and wife, and the second defendant is their daughter. It is in question on the appeal whether the first defendant is the husband of the second de

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