Question

An agreement to remain unmarried is _________:

• A. Valid;
• B. Void;
• C. Voidable;
• D. Unenforceable;

Hint:

Under Section 26, any agreement that restrains a person’s right to marry is void, as it violates public policy.

Answer 1

The Correct Option is B

Step 1: Understanding Agreements in Restraint of Marriage:
According to Section 26 of the Indian Contract Act, 1872, every agreement in restraint of marriage, other than that of a minor, is void. The rationale behind this is that marriage is a personal and social right, and the law does not allow any agreement that restricts an individual’s freedom to marry.
Step 2: Legal Reasoning:
Such agreements are considered against public policy because they interfere with the institution of marriage, which is encouraged and protected by law. For example, if A promises to pay B ₹50,000 if B never marries, this agreement is void as it restrains B’s right to marry.
Step 3: Distinction from Voidable and Unenforceable Contracts:
A void agreement has no legal effect from the beginning, while a voidable contract remains valid until rescinded by one party. Agreements in restraint of marriage are void ab initio (from inception).
Step 4: Final Conclusion:
The correct answer is (B) Void, as agreements restraining marriage are declared void under Section 26 of the Indian Contract Act.