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Seduced and Dumped - A must read guys

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24 Sep 2016 09:00 #322004 by The Captain
Seduced and dumped
September 18, 2016

george-barclay
George Barclay
– How the Indian Labour Ordinance worked against a woman who sued her fiancé for breaking their engagement to marry another woman
IN 1968, Shirley Kallicharran, a descendant of Indian immigrants, sued immigrant Ramdeen Thakurdeen for breach of promise and seduction.
She failed because the Indian Labour Ordinance, passed for the benefit of immigrants, did not impose a liability on an infant in the sense of making him liable in an action for breach of promise of marriage.
The action was dismissed by Justice Arthur Chung.
The plaintiff and the defendant were both descendants of Indian Immigrants. The former was 22 years old at the date of her trial and the latter was born on the January 4, 1949. The plaintiff claimed that on the December 26, 1966 she and the defendant had agreed to marry, but that the latter repudiated that agreement on March 27, 1967. She also claimed that the day before, that is, March 26, he had seduced her.
In the result, she filed the present action claiming damages for breach of promise and seduction. Counsel for the defendant submitted that neither action was maintainable.
It was held that, as regard the action for seduction, the person seduced could not institute proceedings.
It was also held that although the Indian Labour Ordinance empowered the male and female descendants of an immigrant to marry after the ages of fifteen and fourteen years, respectively , without parental consent , under the general law an infant would not ordinarily be liable for any breach of contract which had been entered into before attaining the age of 21, and, accordingly, the defendant would not be liable for a breach of the marriage agreement.
Ashton Chase represented the plaintiff while K. Zaman Alim represented the defendant.
The plaintiff claimed damages in excess of the sum of $500 for the breach of promise to marry, the said breach being by repudiation by the defendant at Stanleytown, West Bank, Demerara, in Guyana.
At the trial the following facts were agreed on:-
1. The defendant was born on the 4th day of June, 1949 as per his birth certificate. The plaintiff was twenty-two years old.
2. The defendant, having courted the plaintiff from March 1966, promised to marry her in June, 1966, and again in consideration therefor the plaintiff on both occasions agreed to marry the defendant.
3. Both the plaintiff and the defendant were Hindus and agreed to marry according to Hindu rites to be followed by registration of the marriage.
4. The defendant subsequently repudiated both of the above promises and refused to marry the plaintiff.
5. The defendant lawfully married another lady in April, 1967.
6. The grandparents of both the plaintiff and the defendant came from India to this country as immigrants under the immigration fund.
7. The defendant seduced the plaintiff in March, 1967.
Counsel for the defendant submitted that on those facts the action should be dismissed since :-
(a) The defendant, being an infant, cannot be sued for breach of promise of marriage.
(b) An action for seduction cannot be brought by the plaintiff.
With regards to the claim for seduction, counsel for the plaintiff agreef that no action was maintainable but the Court could take into account the fact that the plaintiff was seduced when awarding damages to the claim for breach of promise of marriage.
As to the claim for breach of promise of marriage , he submitted that the plaintiff became sui juris at the age of 15 years under the Indian Labour Ordinance, Chapter 104. In other words, he may marry after attaining the age of 16.
He stated that under s.3 of the Marriage Ordinance, Chapter 164, consent of the parents was necessary if the party was under 21 years of age; the parties were immigrants and agreed to marry according to Hindu rites to be followed by registration of the marriage.
Under ss. 137 and 138, the defendant had the capacity to marry without the consent of his parents. In those circumstances, he should be treated as an adult and therefore can be sued on an action for breach of promise of marriage.
Even though the Indian Labour Ordinance gave an immigrant the right to marry without the consent of his or her parents it did not make him an adult so as to make him liable in an action for breach of promise of marriage.
In the circumstances, the Judge was of the opinion that the Indian Labour Ordinance was passed for the benefit of immigrants and does not impose a liability on an infant in the sense of making him liable in an action for breach of promise of marriage.
The action was thus dismissed.

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26 Sep 2016 12:02 #322184 by ketchim
Hindu couple being Judged by a Chinese, Arthur Chung.

Plaintiff with an African, Ashton Chase

Defendant with a Muslim lawyer.

Guyana sweeeeettt    ::LOL:: ..... "thanks for sharing"

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26 Sep 2016 12:11 #322187 by mapoui
captain actually post something useful..something longer dan 2 words.

mmmmmmm!  Interesting.

who is captain anyway..wifan in briefer form..say least to protect his identity..opposed to the insanity of skimmy who is likely another version of wifan ::confused:: ::confused::

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26 Sep 2016 12:18 #322188 by chairman
who is wifan?

Always tell someone how you feel because opportunities are lost in the blink of an eye but regret can last a lifetime.
cricketwindies.com/forum/

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26 Sep 2016 12:33 #322193 by chairman
has he gone gonzo

Always tell someone how you feel because opportunities are lost in the blink of an eye but regret can last a lifetime.
cricketwindies.com/forum/

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26 Sep 2016 13:04 #322198 by chairman
read my headline

Always tell someone how you feel because opportunities are lost in the blink of an eye but regret can last a lifetime.
cricketwindies.com/forum/

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26 Sep 2016 13:08 #322199 by mapoui
wifan was/is Boquiesse Chairman.  ketchim has a vested interest in protecting his handle form detection.

but did you not know dat chairman ::confused::

you slow! ::LOL:: ::LOL:: ::LOL:: ::LOL::

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26 Sep 2016 13:09 #322200 by chairman
who else is wifan

Always tell someone how you feel because opportunities are lost in the blink of an eye but regret can last a lifetime.
cricketwindies.com/forum/

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26 Sep 2016 14:28 - 26 Sep 2016 14:55 #322223 by mapoui
man yu are a pain...wat you want me to worry about this old old story!  how many times dat happen b4.

anyhow he lucky I am not the judge because he clearly set out to eff the woman den dump she .  he used the conditions of the agreement to get easy pussy, deflower the woman and den scat.  at dat time virginity was a plus. 

so he lowered the woman's social value and then split which was a knowing corruption of the original deal and pure naked exploitation.

it comes down to which law takes precedence...BG independent law or the old colony law.  yet if the Guyana and not BG law takes precedence... he still cyar get away with the exploitation of the woman which the old law facilitated!!

he cyar walk out of  my court scott free..or free of responsibility for exploiting the woman

deah.  yuh satisfy! ::confused::
Last edit: 26 Sep 2016 14:55 by mapoui.

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26 Sep 2016 14:31 #322227 by chairman
maps,
you mo brilliant than arthur chung.

you on point.  chung couldnt see that.

Always tell someone how you feel because opportunities are lost in the blink of an eye but regret can last a lifetime.
cricketwindies.com/forum/

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