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'H' and 'W' after a protracted legal entanglement decided to annul their marriage through divorce by…

The stipulation that W will not remarry is an agreement in restraint of marriage, void under Section 26 of the Indian Contract Act, 1872, so "The latter part of the…

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'H' and 'W' after a protracted legal entanglement decided to annul their marriage through divorce by mutual consent, and it was agreed between them that 'H' would pay Rupees five crores only towards one-time alimony as against permanent settlement of the claims between the parties. One stipulation of the settlement was that 'W' would not remarry for a period till the child, who was given in custody of 'W', would attain the age of 30 years, or else 'W' would be liable to refund the amount received as permanent alimony towards permanent settlement between the parties. What is the legal position of the settlement?

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The stipulation that W will not remarry is an agreement in restraint of marriage, void under Section 26 of the Indian Contract Act, 1872, so "The latter part of the agreement would be void" while the rest of the settlement stands.

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