Question

Legal Principle: The object of an agreement is lawful unless it is forbidden by law, is of such a nature that, if permitted, it would defeat the provisions of any law; is fraudulent; involves or implies injury to the person or property of another person; the court regards it as immoral; it is opposed to public policy.

Factual Situation: A agrees to pay B Rs.10,000 if B marries C. C was already married to D at the time of agreement. Is the agreement valid?

• A. Agreement between A and B is void.
• B. Agreement is valid.
• C. Agreement is voidable at the option of B.
• D. None of these.

Answer 1

The correct option is A Agreement between A and B is void.

Section 23 of the Indian Contract Act, 1872 states that an object is not lawful if it is of a nature that on being allowed it would defeat the provisions of any law. As per Section 17 of the Hindu Marriage Act, 1955 a marriage between two Hindus is void if anyone of them has a spouse living at the time of marriage. It is also punishable under Sections 494 and 495 of the Indian Penal Code, 1860. Thus, allowing a contract with the object of allowing bigamy is void as it defeats the purpose of Hindu law.