Short notes on Agreements in Restraint Marriage of Void Agreements


Every individual enjoys the freedom to marry and so according to Section 26 of the Contract Act, “every agreement in restraint of the marriage of any person, other than a minor, is void.” The restraint may be general or partial but the agreement is void, and therefore, an agreement agreeing not to marry at all, or a certain person, or a class of persons, or for a fixed period, is void. However, an agreement restraining the marriage of a minor is valid under the Section.

It is interesting to note that a promise to marry a particular person does not imply any restraint of marriage, and is, therefore, a valid contract.

Illustrations :


(a) A agrees with B for good consideration that she will not marry C. It is a void agreement.

(b) A agrees with B that she will marry him only. It is a valid contract of marriage.

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