Question
Which of the following agreements would be expressly
void under Section 26 of the Indian Contract Act, 1872?ÂSolution
Section 26 declares that "every agreement in restraint of the marriage of any person, other than a minor, is void." An absolute restraint on marriage is void, whether total or partial in application. However, there is an important exception: restrictions imposed on minors by guardians or agreements incidental to guardianship are not voided by this section. In Shrawan Kumar v. Nirmala (AIR 1981 Raj. 50), the court held that any agreement wholly restraining a person from marriage is void. The rationale is grounded in Article 21 of the Constitution (right to life and personal liberty) and the fundamental right to marry. Agreements restraining marriage for a specified period or conditional upon certain events may be upheld if they are reasonable and not absolute restraints.
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