Question

Agreement in restraint of marriage is

• A. Contingent contract
• B. Wager
• C. Void
• D. Valid

Hint:

Memorize the key categories of void agreements listed in the Indian Contract Act: restraint of marriage (Sec 26), restraint of trade (Sec 27), and restraint of legal proceedings (Sec 28). These are common topics for questions.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the legal status of an agreement that restricts a person's freedom to marry. The Indian Contract Act, 1872, specifies certain types of agreements that are considered void because they are against public policy.
Step 2: Detailed Explanation:
Section 26 of the Indian Contract Act, 1872, is titled "Agreement in restraint of marriage, void". It states: "Every agreement in restraint of the marriage of any person, other than a minor, is void."
The law considers marriage a fundamental social institution and upholds the liberty of every individual to choose their marital status. Any agreement that interferes with this liberty is deemed to be against public policy and is therefore unenforceable.
The only exception is for an agreement that restrains the marriage of a minor, which is permissible to protect the minor's interests.
Therefore, such an agreement is not valid, contingent, or a wager; it is expressly declared to be void.
Step 3: Final Answer:
As per Section 26 of the Indian Contract Act, an agreement in restraint of marriage is void. Therefore, option (C) is the correct answer.