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What is the effect of section 26 of the Indian Contract Act, 1872 on an agreement restraining an…

Section 26 makes an agreement restraining the marriage of a person other than a minor void. An adult’s consent or a written instrument does not cure that statutory defect.

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What is the effect of section 26 of the Indian Contract Act, 1872 on an agreement restraining an adult’s marriage?

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Answer and explanation

Correct answer C

Section 26 makes an agreement restraining the marriage of a person other than a minor void. An adult’s consent or a written instrument does not cure that statutory defect.

Option feedback

Option A

Mutual assent cannot make the restraint enforceable under section 26.

Option B

Section 26 imposes voidness directly, without requiring the person to elect avoidance.

Option C

The statutory consequence for a restraint on an adult’s marriage is voidness.

Option D

Section 26 does not provide an exception for a restraint recorded in writing.

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