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What is the status under section 26 of the Indian Contract Act, 1872 of an agreement that restrains an…

Section 26 makes an agreement restraining the marriage of a person other than a minor void. It applies to the adult in this question. A void agreement is unenforceable by…

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What is the status under section 26 of the Indian Contract Act, 1872 of an agreement that restrains an adult from marrying?

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Answer and explanation

Correct answer B

Section 26 makes an agreement restraining the marriage of a person other than a minor void. It applies to the adult in this question.

A void agreement is unenforceable by law under section 2(g). Neither an election to avoid it nor performance by the other party changes the consequence of this statutory restraint.

Option feedback

Option A

Section 26 makes the adult restraint void.

Option B

Void is the classification prescribed by section 26.

Option C

Section 26 does not leave the agreement effective until the adult chooses to avoid it.

Option D

Prior performance by the other party does not make the restraint valid under section 26.

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