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

Indian Contract Act (ICA)1872 Valid and Void Contracts

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.

The agreement is void because it was 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 agreement is valid.

None of the above.

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Explanation:

The agreement between Sultana and Marjina is valid as it only provides that in case of remarriage,
forfeiture of right over husband's property would happen which cannot be considered as a restrain on marriage.