AGREEMENT IN RESTRAINT OF MARRIAGE

(SEC. 26)  

According to section 26,

every agreement in restraint of the marriage of any person, other than a minor, is void. An agreement which restricts a person's freedom to marry, or to marry any person of his choice is against public policy and is void.

In Lowe v. Peers,¹[(1768) 4 Burr. 2225.

Facts of the case:

the promise by a man in favour of Mrs. Catherine Lowe that he would not marry any person other than Mrs. Lowe, and 

a further promise to pay be against public policy an Mrs. Lowe a sum of £ 2,000 if he married somebody else was held to void.

This agreement was not in the form of a promise to marry a particular lady but restrictive agreement containing a promise not to marry anybody else.

Whether the agreement puts a total restraint on the right to marry, or only a partial restraint imposing a restriction on marrying for a certain period, or marrying a certain person, the agreement is void.

An agreement containing a condition in a wakf that a widow would lose her right of maintenance on re- marriage is not an agreement in restraint of marriage. [Lafatunissav. Shaharbanu, A.I.R. 1932 Oudh 108.]

Similarly, agreement between two co-widows that any one of them would lose her right to the deceased husband's estate on re-marriage is not a restraint on the right of re- marriage.³[Rao R A.I.R. 1942 All. 351; I.A.R. (1942) All. 810.] ani v. Gulab Rani,