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Question

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X, a Hindu husband executed a registered document in favour of Y, his wife, whereby he promised to pay her Rs. 1,000 per month. Later, X did not pay. Can Y recover from X (a) if this promise was made without any disagreement and quarrels between them? (b) if this promise was made after disagreement and quarrels between them?

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Solution

Solution: Section to which the given problem relates: Section 25(1)
Case (a)
Decision: Y could recover from X
Reason: The agreement was valid because it was made on account of natural love and affection between X and Y
Case (b)
Decision: Y could not recover from X.
Reason: The agreement was void because it was not made an account of natural love and affection between X and Y.
Leading case: Rajlakhi Devi v. Shoot Nath Mookherjee.

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