What is an agreement in the restraint of marriage?

What is an agreement in the restraint of marriage?

: a condition attached to a gift or bequest or in a contract that nullifies the grant if the donee or grantee marries and is usually void if general and unlimited in scope.

What is agreement in restraint of marriage a void contract?

Apropos of this Article, Section 26 of Indian Contract Act provides that every agreement in restraint of the marriage of any person, other than a minor, is void. Thereby, it reinforces a person’s right to enjoy the freedom of marriage by delegitimizing the agreements which impede that granted freedom.

What is agreement in restraint of legal proceedings?

Expressly Void Agreements: Agreements in Restraint of Trade, Marriage and Legal Proceedings. By. mirzawardahbeg. March 26, 2019. 21324.

What are the agreements in restraint of trade?

Agreement in restraint of trade is defined as the one in which a party agrees with any other party to restrict his liberty in the present or the future to carry on a specified trade or profession with other persons not parties to the contract without the express permission of the latter party in such a manner as he …

Which may render an agreement void?

Void contracts can occur when one of the involved parties is incapable of fully comprehending the implications of the agreement, like when a mentally impaired individual or an inebriated person may not be coherent enough to adequately grasp the parameters of the agreement, rendering it void.

Is an agreement in restraint of trade and marriage valid?

1] Agreement in Restraint of Marriage Any agreement that restrains the marriage of a major (adult) is a void agreement. This does not apply to minors. But if an adult agrees for some consideration not to marry, such an agreement is expressly a void agreement according to the contract act.

Can agreement be challenged in court?

Ltd., AIR 1994 SC 1896]. The jurisdiction of the Courts cannot be ousted by an agreement of the parties. By a private agreement the parties cannot divest the Court of its inherent jurisdiction to try disputes arising out of the agreement.

What are wagering agreements?

What is a Wagering Agreement? Agreements entered into between parties under the condition that money is payable by the first party to the second party on the happening of a future uncertain event, and the second party to the first party when the event does not happen, are called Wagering Agreements or Wager.

Why is an agreement in restraint of marriage void?

(ii) An agreement in partial restraint of the marriage of any person, other than a minor, is void if the court regards it as unreasonable in the circumstances of the case.” Another kind of restraint could have been imposed by allowing marriage only after the person has started earning their own living.

Are wager agreements valid?

MahadeoDas 1959 AIR 781 the honorable supreme court in its judgment said that although a wager is not unlawful under Section 23 of the Indian Contract Act and thus all the proceedings and transactions collateral to the main transaction are as such enforceable.

How are agreements in restraint of marriage different?

However, through agreements of brokerage of marriage are different from agreements in restraint of marriage, they are still void under Section 23 of the Indian Contract Act of 1872. Further, an agreement in restraint of marriage is different from a contract of betrothal. Betrothment is a promise to give a girl in marriage.

Is the agreement in restraint of marriage void in England?

English Law, however, does not find agreements which partially restrain marriage to be void and in this, it parts ways with Indian law as stated in the Indian Contracts Act, 1872. However, the Law Commission had forwarded a suggestion to the government decades ago to amend the Act and substitute the relevant section. This has been discussed later.

Is the betrothal contract in restraint of marriage?

Thus, a Betrothal Contract is neither in restraint of marriage nor against public policy as held in Tulshiram v. Roopchand wherein a party had rescinded from the betrothal contract and had later claimed such a contract was void.

What makes an agreement not to marry a minor void?

The restraint may be general or partial but the agreement is void, and therefore, an agreement agreeing not to marry at all, or a certain person or, a class of persons, or for a fixed period, is void. However, an agreement restraint of the marriage of a minor is valid under the section.