IntroductionIn India, contractual relationships between two or more parties is mainly dealt with by the

Indian Contract Act, 1872 enacted by the British imperial government which exercised
control over the country at that time. According to Section 26, an agreement that is in
restraint of marriage is void. However, this rule does not apply to restraint of a minor from
marriage. The law does not allow any restriction on the freedom of a persons choice or
freedom in selecting a marriage partner. The Contract Act was the first law to be placed in
India which expressly made any such agreement, which in its effect would result in
restraining the liberty of either of the parties to marry as per their wish, void. The
fundamental idea behind this provision was to ensure that the citizens did not lose their right
to marry as per their choice, which is an essential part of a civil society having both personal
and social significance, due to some contractual obligation entered at any point of time. 1
Restrain in marriage except in case of minor will be against public policy and therefore void.
It may be partial or total. A total restrain means preventing a person from marrying altogether.
A partial restrain may prevent a person from marrying a particular person of a particular class
or which prevents from marrying in a particular period. Both type of restrain are void in India
whereas partial restrain are valid under English law.
An agreement in restraint of marriage is different from both a marriage brokerage agreement
as well as from a contract of betrothal.
Marriage brokerage contracts, distinguished from agreements in restraint of marriage, are
defined as contracts to pay a third person for negotiating, procuring or bringing about a
marriage. It may be noted here that brokerage of marriage was prevalent at least amongst the
Hindus in Pre-independent India as is noted in The Hindu Law of Marriage and Stridhan.2
However, though the brokerage contracts were fairly popular through the country, the
judiciary did not enforce such agreements.

1 http://www.lawctopus.com/academike/agreements-restraint-marriage/
2 http://www.shareyouressays.com/92151/seven-important-agreements-thathave-been-expressly-declared-to-be-void-by-the-indian-contract-act

MethodologyThe researcher will focus on various aspects of Agreement in restrain of Marriage. The
researcher will give the broad interpretation of sections of Indian Contact Act with reference
agreement in restraint of marriage in its project report. The researcher will also mention the
landmarks cases in relevance with the topic. The research will take the assistance of the
secondary materials of books, articles, and journals etc.

Bibliographyhttp://www.lawctopus.com/academike/agreements-restraint-marriage/ (last accesed on 23 jan

2017)
Objective- the researcher with this link can find the various cases and judgement in relevance
to the topic
http://www.shareyouressays.com/92151/seven-important-agreements-that-have-beenexpressly-declared-to-be-void-by-the-indian-contract-act (last accessed on 23 jan 2017)
Objective- the researcher could get the knowledge about the interpretation of section 26 i.e
agreement in restraint of marriage
http://www.advocatekhoj.com/library/bareacts/indiancontract/26.php?Title=Indian
%20Contract%20Act,%201872&STitle=Agreement%20in%20restraint%20of%20marriage,
%20void ((last accessed on 23 Jan 2017)
Objective- the researcher with the help of this link could get the knowledge about the
exceptions and types of agreement in restraint of marriage.

books referredS.K. Aggarwal, Indian Business Laws (2006), Page-127, 2nd Edition, Galgotia Publications
(P) Ltd
Objective- Through this book the researcher could know the basic approach about the topic.