Two adults agree that one of them will never marry, in return for a payment by the other. What is the status of the agreement under the Indian Contract Act, 1872?
Question and options
Two adults agree that one of them will never marry, in return for a payment by the other. What is the status of the agreement under the Indian Contract Act, 1872?
Void, as it restrains the marriage of a person who is not a minor
Voidable at the option of the person whose marriage is restrained
Valid, as it was freely agreed by two adults for consideration
Valid, if the restraint is limited to a reasonable period of time
Answer and explanation
Section 26 of the Indian Contract Act, 1872 makes void every agreement in restraint of the marriage of any person other than a minor. Consideration and free consent cannot save it, and the section makes no exception for a partial or time-limited restraint.
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