All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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23.

Agreement in restraint of marriage is

A: Contingent contract
B: Wager
C: Void
D: Valid

The answer is: C

Explanation

The correct option is C: Void.

According to Section 26 of the Indian Contract Act, 1872, every agreement in restraint of marriage, except those in restraint of marriage of minors, is void. This means that any agreement that limits the freedom of a person to marry or to marry a person of his or her choice is not legally enforceable and has no effect. Such agreements are against public policy and the right to life and personal liberty guaranteed by Article 21 of the Indian Constitution.

An agreement in restraint of marriage is not a contingent contract, a wager, or a valid contract. A contingent contract is a contract to do or not to do something if some event, collateral to such contract, does or does not happen. A wager is a contract by which two or more parties agree that a certain sum of money or other thing shall be paid or delivered to one of them on the happening or not happening of an uncertain event. A valid contract is a contract that meets all the essential elements and legal requirements for its formation and enforceability. An agreement in restraint of marriage does not satisfy any of these definitions.