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 promised to pay Rs. 150 per month to his wife so long she remained away from him and did not object to his living in adultery.
Issue: Is the agreement valid?

• A. No, the agreement is void, because the consideration is such that it defeats the provisions of Hindu Law.Under Hindu Law, after marriage husband and wife are to live together and adultery is punishable under the Indian Penal Code.
• B. The agreement is valid because there has been a tangible consideration from both the sides.
• C. Neither (a) nor (b).
• D. Both (a) and (b).

Answer 1

The correct option is A No, the agreement is void, because the consideration is such that it defeats the provisions of Hindu Law.Under Hindu Law, after marriage husband and wife are to live together and adultery is punishable under the Indian Penal Code.

Section 23 of the Indian Contract Act, 1872 provides the following objects as lawful:-

1. it is not forbidden by any law;

2. it is not of a nature such that if permitted would defeat the provision of any law;

3. it is not fraudulent;

4. It is not injurious to the person or property of another

5. It is not regarded by the Court as immoral or opposed to public policy.

The present case clearly falls within the ambit of the second criterion.

As per Section 13(1) of the Hindu Marriage Act, 1955 adultery or voluntary sexual intercourse with a person other than spouse is prohibited and is a valid ground for granting divorce by Court. In such a case, any contract to commit adultery without allowing for divorce is a violation of this provision.