DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: Every agreement in restraint of the marriage of any person, other than a minor, is void.
Facts : Qadir Khan in a road accident, Two co-widows, Sultana and Marjina enter into an agreement that if any of them will remarry, would forfeit her right to her share in the deceased husband's property.
DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: Every agreement in restraint of the marriage of any person, other than a minor, is void.
Facts : Qadir Khan in a road accident, Two co-widows, Sultana and Marjina enter into an agreement that if any of them will remarry, would forfeit her right to her share in the deceased husband's property.
The correct option is A The agreement is void because it was restraint of marriage
- Section 26 of the Indian Contract Act of 1872 states that every agreement in restraint of marriage, except those in restraint of marriage of minors, is void upon the grounds of public policy.
- In the present case, there was an agreement between the co-widows of Qadir Khan that any one of them remarry. would forfeit her right to her share in the deceased husband's property, would forfeit her right to her share in the deceased husband's property. This agreement is restraining the marriage of the widows who are not minor an hence, the agreement is void because it was restraint of marriage .
- Section 26 of the Indian Contract Act of 1872 states that every agreement in restraint of marriage, except those in restraint of marriage of minors, is void upon the grounds of public policy.
- In the present case, there was an agreement between the co-widows of Qadir Khan that any one of them remarry. would forfeit her right to her share in the deceased husband's property, would forfeit her right to her share in the deceased husband's property. This agreement is restraining the marriage of the widows who are not minor an hence, the agreement is void because it was restraint of marriage .
