Which of the following agreements are expressly declared void by the I...
Certain agreements have been expressly declared void by Indian contract Act, 1872.According to section 2(g) of Indian contract Act, 1872, “a void agreement is an agreement which is not enforceable by law”. Such an agreement does not give rise to any legal consequence and is void ab initio.
1. Agreements in Restraint of Marriage:
Every individual enjoys the freedom to marry and so according to Section 26 of the Contract Act “every agreement in restraint of the marriage of any person, other than a minor, is void.”
The restraint may be general or partial but the agreement is void, and therefore, an agreement agreeing not to marry at all, or a certain person, or a class of persons, or for a fixed period, is void. However, an agreement restraining the marriage of a minor is valid under the Section.
It is interesting to note that a promise to marry a particular person does not imply any restraint of marriage, and is, therefore, a valid contract.