Question

Principle: Agreements in restraint of marriage are void.

Facts: 'X' enters into an agreement, with 'Y' where under he agrees not to marry anybody else other than a person whose name starts with the letter 'A' and promises to pay ₹ 100000 to 'Y' if he ('X') breaks this agreement.

Which of the following derivations is correct?

विकल्प

• There is a contract between 'X' and 'Y'

• There is an agreement between 'X' and 'Y' which can be enforced by the court of law

• There is an agreement between 'X' and 'Y' which cannot be enforced by the court of law

• There is a voidable contract between 'X' and 'Y'

Answer 1

There is an agreement between 'X' and 'Y' which cannot be enforced by the court of law

Explanation:

According to the provisions of Section 26 of the Indian Contract Act 1872, every agreement in restraint of the marriage of any person, other than a minor, is void. In the given situation, X enters into an agreement with Y, where he agrees not to marry anybody else other than a person whose name starts with the letter A. So, this agreement is against the principle given here, consequently the agreement between X and Y is void and cannot be enforced by the court of Law.