Under section 26 of the Indian Contract Act, 1872, what is the legal effect of an agreement in…

Section 26 of the Indian Contract Act, 1872 makes an agreement in restraint of the marriage of a person other than a minor void.

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Under section 26 of the Indian Contract Act, 1872, what is the legal effect of an agreement in restraint of an adult’s marriage?

Answer and explanation

Correct answer C

Section 26 of the Indian Contract Act, 1872 makes an agreement in restraint of the marriage of a person other than a minor void.

Option A

Section 26 classifies the restraint as void. The result does not depend on a party electing to avoid it.

Option B

Putting the restraint in writing does not alter the rule in section 26.

Option C

Section 26 makes the agreement void where it restrains the marriage of a person other than a minor.

Option D

Ratification does not remove the statutory invalidity of the restraint.