Question

X agrees to advance Rs. 5000 to Y subject to the condition that Y divorce his wife and marry X's daughter. This agreement is _________.

• A. Valid
• B. Void
• C. Voidable
• D. Illegal

Answer 1

The correct option is B Void

As per section 23 of the act the consideration or object of an agreement is lawful, unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies, injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy. In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.

In this case, X has agreed to pay Y when he divorces his wife and marries X's daughter. This act in itself is immoral and opposed to public policy and morality and hence is void.