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Question

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Mr X, a Hindu contracts to marry Y a muslim. State the legal position in each of the following alternative cases:
C
ase (a) If Mr X is already married to Z who lives with X;
Case (b) If Mr X goes mad before the date fixed for marriage;
Case (c) If Mr X dies before the date fixed for marriage.

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Solution

Section to which the given problem relates: Section 56.
Decision and Reason:
Case (a) The contract is void ab-initio because such contract is forbidden by law. X must compensate Y for the loss caused to her by the non-performance of the promise. Y
C
ase (a) The contract becomes void because of change in the state of things which formed the basis of the contract.
Case (c) The contract is discharged on the death of X.

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