Question

X, a married woman, agreed to live in adultery with B and also agreed to serve him as his housekeeper. In return, B agreed to pay X ₹ 500 per month for living in adultery and ₹ 500 per month for housekeeping. The agreement is ______.

Options

• Valid

• Void

• Void as to the first object but valid with respect to the second object 

• Unlawful as being opposed to public policy

Answer 1

X, a married woman, agreed to live in adultery with B and also agreed to serve him as his housekeeper. In return, B agreed to pay X ₹ 500 per month for living in adultery and ₹ 500 per month for housekeeping. The agreement is void as to the first object but valid with respect to the second object.

Explanation:

Under the Indian Contract Act, 1872, when an agreement contains two separate considerations/objects, one lawful and the other unlawful, the lawful part may still be enforceable if it can be separated from the unlawful part.

• ₹ 500 per month for living in adultery → Unlawful (opposed to public policy/morality), hence void.
• ₹ 500 per month for housekeeping services → Lawful consideration, hence valid.