09 Sep 2021by tobiasschaller

Agreement In Restraint Of Marriage Cases

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Section 27 of the Act refers only to one exception that favours the restriction of trade, that is, the sale of business property or corporations. Another exception is the Partnership Act. However, in general, such a service agreement is not considered a restriction at all, as it gives the freedom to marry in the event of termination of employment. On the other hand, if the agreement between A and B and A promises not to marry before the age of 35 in return for employment under B, it would be considered a restriction on marriage and would be void. Scott-Smith, J. added: “To impose such a custom would be to say that an adult woman cannot marry a man unless the man pays a large sum, which might be impossible for him, to his close male relative. It would be customary to restrict marriage and go against the principle of section 26 of the Contracts Act. In accordance with the above-mentioned provisions, the flight attendants left the service in the following contingencies: (a) at the age of 35; (b) for marriage, if it took place within four years of the period of service, and (c) for the first pregnancy. Although brokerage contracts have been very popular throughout the country, the courts have not imposed such agreements. The Contract Act was the first law enacted in India and such an agreement, which, by its effects, would have the effect of restricting the freedom of one of the parties to marry.

The basic idea of this provision was to ensure that citizens did not lose their right to marriage after their election, which is an essential element of a civil society of personal and social importance, due to a contractual obligation contracted at any time. According to Chitty, a contract whose purpose is to prevent or prevent a party from marrying or a deterrent to marriage, to the extent that it prevents any person from marrying or not, is contrary to public policy. However, English law does not find agreements partially limiting marriage null and void, separating itself from Indian law, as stipulated in the Indian Contracts Act of 1872. Section 27 of the Indian Contract Act cancelled all pro-tanto trade restriction agreements, with the sole exception of the sale of exploitable property or goodwill. However, it is important to understand that these agreements are non-illegal. In other words, these agreements are not illegal, but they cannot be brought to justice if one of the parties does not fulfill its part of the agreement. Unlike customary law, partial agreements aimed at restricting trade or appropriately restricting under the Contracts Act are also not valid. A limited restriction, which only limits marriage to a certain extent, has often been upheld by the courts. In accordance with section 26 of the Indian Contract Act, all agreements to restrict marriage, with the exception of that of a minor, are null and void. The Romans were the first to delegitimize the agreements that hold back marriage.

The basis for the nullity of agreements limiting marriage is that marriage is a sacrament and should not intervene in the institution of marriage, not even in treaties. The idea behind this provision is not to deprive everyone of the personal right to marry someone of their choice. It is important to note that, in accordance with the section “Agreements limiting the marriage of a minor”, the provisions are void. After the engagement and separated from her by a variable interval, comes marriage….

Categories: Allgemein