Question

Legal Principle: Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, to that extent is void.

Factual Situation: A promises B in consideration of Rs.1,000 never to marry throughout the life.
Issue: Is the agreement valid?

• A. The agreement is valid.
• B. The agreement is void.
• C. The agreement is voidable.
• D. None of these.

Answer 1

Answer: (B)

The agreement is void.

Section 26 of the Indian Contract Act, 1872 states that any agreement in restraint of marriage is void, except that which is in restraint of marriage of a minor. The purpose of this provision is to prevent agreements that interfere with freedom of marriage. The restraint as was observed in the case of Lowe v Peers may be complete or partial which includes restrained from marrying at all or for a fixed period.