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CA Foundation · Business Laws · The Indian Contract Act, 1872

Kavita and Lalit, both residents of Jaipur, agree that Lalit will marry no one except Kavita's brother's friend for the next ten years, and Kavita will give Lalit Rs 5,00,000 for this. Lalit later marries someone else. What is the legal position of this agreement?

The agreement is void because it restrains the marriage of an adult. The Contract Act declares every agreement in restraint of marriage of any person other than a minor void, so the Rs 5,00,000 consideration cannot make it enforceable.

  1. AValid, because Kavita offered Rs 5,00,000 as consideration
  2. BVoidable at the option of Kavita
  3. CVoid, because it is an agreement in restraint of marriageCorrect
  4. DValid, but only for a period not exceeding five years

Explanation

Under the Contract Act, every agreement in restraint of the marriage of any person other than a minor is void. Here Lalit, an adult, is restrained from marrying anyone but one particular person for ten years. Consideration does not save it, because the object itself is void. The option of limited-period validity does not exist for such agreements.

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