Section 26 of Indian Contract Act

26. Agreement in restraint of marriage, void.— Every agreement in restraint of the marriage of any person, other than a minor, is void.

Final Thoughts

Introduction

Section 26 of the Indian Contract Act, 1872 deals with agreements that try to restrict a person’s right to marry. It specifically declares such agreements, except those involving minors, as void. The law protects the freedom of an adult individual to marry whom they wish, without any legal restrictions imposed through contracts.

Meaning of Agreement in Restraint of Marriage

An agreement in restraint of marriage means any contract or promise that tries to prevent or restrict a person from getting married. For example, if a person agrees not to marry anyone else, or a family member makes a contract forbidding marriage outside certain conditions, such agreements are called restraint agreements.

Scope and Applicability

• This section applies only to agreements concerning adults (persons who are not minors).
• The law treats minors differently because they are not fully capable of making binding contracts.
• The section aims to ensure that once a person becomes an adult, their right to marry cannot be legally restricted through agreements.

Explanation of ‘Minor’

• Under Indian law, a minor is a person who is below 18 years of age.
• Since minors cannot enter into valid contracts, an agreement restraining their marriage is not covered by this section.
• However, once a person attains majority, any agreement restricting their marriage is considered void.

Legal Effect of Such Agreements

• Agreements that restrain the marriage of a person (other than a minor) are void ab initio — which means they have no legal force from the beginning.
• Such agreements cannot be enforced by courts.
• The parties involved cannot claim any remedy or damages for breach of such agreements because the law does not recognize them.

Purpose Behind the Provision

• The law recognizes marriage as a fundamental personal right.
• It seeks to prevent unfair restrictions on marriage imposed by contracts or family pressures.
• The provision encourages personal freedom and autonomy in matters of marriage.
• It discourages exploitative or coercive agreements aimed at controlling an individual’s marital decisions.

Conclusion

Section 26 of the Indian Contract Act is an important legal safeguard ensuring that adults enjoy the fundamental right to marry without being bound by invalid agreements. By declaring such agreements void, the law promotes personal freedom and discourages any contractual restrictions on marriage. This provision aligns with the broader principles of justice and individual liberty enshrined in Indian law.