MOHAMED BHAI v. NEWMAN et al.
Present : De Sampayo J. 1920.
MOHAMED BHAI v. NEWMAN et al.
1-C. R. Kandy, 27,024.
Inducing wife or child to contract debt-Money Lending Ordinance, No. 2 of 1918,
s. 16-Written consent of husband or father.
The lending of money by a money lender to a wife or child without the written
consent of the husband or father is not illegal under section 16 of Ordinance
No. 2 of 1918. The words of this section contemplate a visit of the residence by
the money lender in the absence and without the knowledge of the person who is
the natural protector of a wife or child, and the whole provision is intended to
prevent a wife or child from being tempted to contract a debt.
THE
facts appear from the judgment.
Arulanandan, for plaintiff, appellant.
C. H.
Z. Fernando, for defendants, respondents.
June 30, 1920. DE SAMPAYO J.-
The plaintiff is an Afghan money lender, and he sues the defendants, who are
husband and wife, to recover a sum of Rs. 65 and interest on an allegation that
at the request of the husband, the second defendant, he lent to the first
defendant a sum of Rs. 75, and that they paid him a sum of Rs. 10, leaving
unpaid the
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