A Hindu man whose wife is living agrees with a woman to marry her under the Hindu Marriage Act, 1955. How is this agreement treated under the Indian Contract Act, 1872?
Question and options
A Hindu man whose wife is living agrees with a woman to marry her under the Hindu Marriage Act, 1955. How is this agreement treated under the Indian Contract Act, 1872?
Voidable at the option of the living wife
Void, because it is in restraint of the wife's marriage
Void, because its object is forbidden by law
Valid, but it cannot be specifically enforced
Answer and explanation
Sections 5(i) and 11 of the Hindu Marriage Act, 1955 forbid and make void a marriage when either party has a spouse living, so an agreement to enter such a marriage has an object forbidden by law and is void under section 23 of the Indian Contract Act, 1872. Section 26 deals with agreements that restrain a person from marrying, which this agreement does not do.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision
Related exam syllabi
More solved explanations in Lawful object & void agreements
- The obligation to restore advantage in a void agreement is provided by
- Under section 27 of the Indian Contract Act, 1872, what is the general effect of a restraint of lawful trade if no exception applies?
- A person cannot be relieved from a contract which he knows to be unlawful under the:
- Which provision did the Indian Contract (Amendment) Act, 1996 (Act 1 of 1997) amend?
- The defendant husband agrees to pay Rs. 400 per month to his plaintiff wife in consideration of her giving up prosecution against him under Section 82(1) of the…