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    Question

    Which of the following agreements would be expressly

    void under Section 26 of the Indian Contract Act, 1872? 
    A An agreement between adult parties that one party will not marry before attaining a specified age Correct Answer Incorrect Answer
    B An agreement by a guardian that a ward shall not marry before reaching majority, conditional on guardianship Correct Answer Incorrect Answer
    C An agreement between two adults that one party will not marry at all Correct Answer Incorrect Answer
    D An agreement between parents agreeing not to arrange marriages for their children without mutual consent Correct Answer Incorrect Answer
    E An agreement that marriage shall occur only after completion of educational qualifications Correct Answer Incorrect Answer

    Solution

    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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