Question

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 re-marry, would forfeit her right to her share in the deceased husband’s property. (Answer the question after reading the following paragraph.)

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 re-marry, would forfeit her right to her share in the deceased husband’s property. (Answer the question after reading the following paragraph.)

This 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 for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the “most reasonable conclusion” arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.

Option A: The agreement is void because it was restraint of marriage.
Option B: The agreement is not void because no restraint was imposed upon either of two widows for re-marriage.
Option C: The restraint was partial so agreement is valid.
Option D: None of the above.

Correct Answer

Option: a

Explanation

According to Section 26 of Indian Contract Act, Agreement in restraint of marriage, void.

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