Question

Legal Principle: Every agreement in restraint of marriage of any person other than a minor is void.

Factual Situation: Rohit and Parchi were deeply in love and wanted to marry each other. But their parents were strongly opposed to the idea as they belonged to different castes. Ultimately, they were compelled to execute an agreement in the presence of a lawyer stating that they shall not marry each other and the same was signed by their parents as witnesses. Thereafter, both of them fled away from home and solemnized their marriage.

• A. Their marriage is void as they have broken their agreement.
• B. Their marriage is voidable and could be declared invalid by any one of them.
• C. Their marriage is valid despite the violation of the agreement executed by them.
• D. Their marriage is voidable till it is accepted by their parents.

Answer 1

The correct option is C Their marriage is valid despite the violation of the agreement executed by them.

As per Section 26 of Indian Contract Act, The agreement in restrain of marriage (other than a minor) is void. Here in the question, It seems that Rohit and Prachi are majors, so they can marry as per their own wish. They had to enter in the agreement due to compulsion of their parents, and the agreement was to restrain them from the marriage, which is void ab initio as per Section 26. Hence the correct answer is C.