Question

DIRECTIONS: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given hereinbelow. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.

Principle: Every agreement in restraint of the marriage of any person, other than a minor, is void.

Facts: Qadir Khan died in a road accident. Two co-widows, Sultana and Marjina enter into an agreement that if any of them will remarry, would forfeit her right to her share in the deceased husband's property.

विकल्प

• The agreement is void because it was a restraint of marriage 

• The agreement is not void because no restraint was imposed upon either of two widows for remarriage 

• The restraint was partial so the agreement is valid

• None of the above

Answer 1

The agreement is void because it was a restraint of marriage 

Explanation:

Option The agreement is void because it was a restraint of marriage is correct. The agreement between Sultana and Marfina is void because it was a restraint of marriage as is enumerated in Section 26 of the Indian Contract Act 1872. Which states that every agreement in restraint of marriage of any other person, other than minor is void. In the given case Sultana or Marjina are not minor.