Question

Principle: Every agreement in restraint of marriage of any person other than a minor is void.
Facts: Rohit and Prachi 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.

Choose the correct option.

• 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

Answer: (C)

Their marriage is valid despite the violation of the agreement executed by them.

Section 26 of the Indian Contract Act, 1872 states that any agreement in restraint of marriage is void. As per Section 2(g) of the Act defines a void agreement as one which is not enforceable in the court of law. Therefore, the parties are not under a legal obligation to obey it.