Thus, the Commission envisaged limiting the Adrand of the section by rendering null and void any agreement to completely restrict marriage, while allowing a partial reservation if the agreed withholding was deemed appropriate by the Tribunal in the circumstances. This would allow for several agreements that could be better for both individuals and society. The Contracts Act was the first law enacted in India that explicitly invalidated such an agreement, which would, in fact, restrict the freedom of marriage to one of the parties. The basic idea of this provision was to ensure that citizens did not lose their right to marry after their election, which, by virtue of a contractual commitment made at any time, is an integral part of a civil society that is both personal and social. The Partnership Act of 1932 provides another exception to the rule limiting trade restriction agreements. There are three exceptions in the law. These are: It can also be mentioned here that the offending rules previously provided for a limitation of marriage for the duration of the service, but it was changed by the company when an action was filed. Had the amendment not taken place, the Tribunal`s decision might have been different. However, a Betrothal contract is also not considered an agreement limiting marriage within the meaning of Article 26 of the Indian Contracts Act, since the fundamental difference between an agreement limiting marriage and a fiancee contract is that, in the latter case, any party excluded from the marriage, with the exception of the other , practically works to promote the marriage of the two.
The High Court expressed serious doubts as to whether Section 26 of the Contracts Act contained a partial or indirect restriction on marriage and was not persuaded by this argument. The Chair, Ahmad J., delivered the verdict, in which it was said that the preliminary proceedings had established that such a practice existed and had allowed the applicant to demand payment from the groom. However, a High Court chamber, in the second appeal, stated that such a payment of money for marriage to an adult woman was not applicable because it was immoral and contrary to public policy. However, by marriage mediation agreements differ from agreements in the withholding of marriage, they are still non-acute according to Section 23 of the Indian Contract Act of 1872. Some agreements are only harmful to society. You are against public order. Some of these agreements are agreements limiting marital, commercial or judicial procedures. These agreements are expressly nullified in India`s Contracts Act in Sections 26, 27 and 28 respectively. Under English law, agreements that restrict marriage are discouraged because they affect the increase in population and the moral well-being of citizens. Already in 1768, a precedent was introduced by the Court of King`s Bench in Lowe v.
Peers, where the accused had made a promise under seal, no one but the promise to marry, on the penalty of paying their 1000 pounds within three months of marriage with someone else. One of the essential conditions for the formation of the contract is that it cannot be declared invalid. Section 10 of the Indian Contracts Act states that “all contracts are contracts… which are not expressly cancelled. »