1927 Present: Schneider J. and Maartensz A.J.

NAVARATNE v. KUMARIHAMY et al

174-D. C. Kegalla, 7,745.

Kandyan minor--Contract to marry-Ordinance No. 3 of 1870.

A contract to marry is not enforceable against a Kandyan minor.

APPEAL from a judgment of the District Judge of Kegalla.

H. V. Perera, for plaintiff, appellant.

Hayley, K.C. (with Navaratnam) for the 1st defendant, respondent.

Iyer (with Arulanandan), for 2nd defendant, respondent.

October 27, 1927. Schneider J.-

It is only a question of pure law that we need consider for the decision of this appeal. It is this. Is a contract to marry entered into by a minor enforceable against the minor? That question

has been considered and decided in the negative in Hendrick Sinno v. Haramanis Appu and Sirimalhamy 1 [(1879) 2 S. C. C. 136.] by two very eminent Judges g of this Court, Budd Phear C.J. in the course of his judgment said: " Although she appears to be of age to enter into the marriage contract she is not a major to hind herself by a preliminary agreement to marry. " That, in my opinion, if I may say so with :dl deference to the learned Chief Justice from whose judgment th