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CLAT CLAT Solved Paper-2013

  • question_answer
    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.

    A)  The agreement is void because it was restraint of marriage

    B)  The agreement is not void because no restraint was imposed upon either of two widows for remarriage

    C)  The restraint was partial so agreement is valid

    D)  None of the above

    Correct Answer: A

    Solution :

    Ans.  According to Section 26 of the Indian Contract Act, 1872 every agreement in restraint of the marriage of any person, other than a minor, is void. In this case the agreement is void because it was restraint of marriage, for the two widows because if any of the two widows wants to remarry, it would for fee it her right to her share in the deceased husband's property.


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