Home › CLAT (NLU Prep) › law › Formation of Contract › Under Section 26, an agreement in restraint of t…
Under Section 26, an agreement in restraint of the marriage of a person, other than a minor, is
A{'text': 'Voidable at the option of a parent', 'label': 'A'}
B{'text': 'Void', 'label': 'B'}
C{'text': 'Valid only if reasonable', 'label': 'C'}
D{'text': 'Enforceable in special circumstances', 'label': 'D'}
Answer & Solution
Correct answer: B. {'text': 'Void', 'label': 'B'}
1. Section 26 makes agreements in restraint of marriage void.
2. The exception is an agreement restraining the marriage of a minor.
3. The rule reflects the public policy that adults should be free to marry.
4. The provision applies whether the restraint is absolute or partial.
_Source: Indian Contract Act, 1872 (indiacode.nic.in), S. 26_
Related questions
Agreements in restraint of legal proceedings, in restraint of trade and in restraint of maThe term "consideration" in Section 2(d) may be furnished byUnder Section 17, fraud in a contract does NOT includeUnder Section 15, "coercion" includesAn agreement by way of wager is under Section 30Agreements the meaning of which is not certain, or capable of being made certain, are undeUnder Section 28, agreements restricting a party's right to enforce legal rights in ordinaUnder Section 27, an agreement in restraint of trade is