Agreements In Restraint Of Marriage
- IJLLR Journal
- Nov 21, 2021
- 1 min read
Sanskriti Verma, Hidayatullah National Law University, Raipur, Chhattisgarh
ABSTRACT
Section 26 of The Indian Contract Act, 1872 deals with Agreements in restraint of marriage. It expressly states that every agreement which restrains marriage of any person other than a minor is void. In this work, I’ve dealt with the effects of agreements in restraints of marriage as per English law and Indian law, complete and partial restraint of marriage, its effect and the difference between agreements in restraint of marriage and brokerage contracts. There are various case laws that have justified the principle of agreement in restraint of marriage, I have dealt with those too in this study. Lastly, I have looked at the exception case of minor and the recommendations of the 13th law commission report.
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