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Principles That Protect Our Rights

An agreement ...

Question

An agreement in restraint of marriage ____________.

A

is voidable at the option of the promisor

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B

is voidable at the option of the promisee

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C

is expressly declared as void

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D

cannot be described as there is no privity of contract.

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Solution

The correct option is C is expressly declared as void
Section 26 of the Indian Contract Act, 1872 states that any agreement in restraint of marriage is expressly void except that which involves marriage of minors. It is underlined on the rationale that right to personal liberty of a person in terms of marrying as per their choice cannot be violated by a contractual relationship. Such contracts are regarded as forbidden and opposed to public policy.

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