Therefore, although the custom imposes only a partial restriction of marriage of a certain amount, it was found to be at odds with Section 26 of the Contracts Act. (i) Any agreement in total limitation of the marriage of a person other than a minor is not acute. 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. A contract can be cancelled. B for several reasons: Under Section 26 of the Indian Contract Act, all agreements restricting marriage, with the exception of a minor, are void. The Romans were the first to delegitimize agreements that respected marriage. The basis of the marriage limitation agreements, which are null and void, is that marriage is a sacrament and that nothing should encroach on the institution of marriage, not even treaties. The idea behind this provision is not to deprive everyone of the personal right to marry someone of their choice. It is important to note here that, according to the section, agreements limiting the marriage of a minor are not invalid. According to Chitty, a contract whose purpose is to curb or prevent part of the marriage, or to deter marriage, to the extent that it makes a person uncertain whether or not he or she can marry, is contrary to public policy. However, English law does not retain agreements that partially restrict marriage by separating from Indian law as stipulated in the Indian Contracts Act of 1872.
Under the above provisions, Air Hostesses retired from service in the following contingencies: (a) at the age of 35; b) at the time of marriage, if it took place within four years of service, and c) at the first pregnancy. Section 27 of the Indian Contract Act declares all agreements in trade restrictions, not entered into by tanto, with the only exception is the sale of goodwill. Nevertheless, it is important to understand that these agreements are non-abundant and not illegal. In other words, these agreements are not illegal, they are simply not enforceable in court if one of the parties does not fulfill its part of the agreement. Unlike the common law, partial agreements for trade restrictions or reasonable restrictions under the Contracts Act are also not valid. The trade restriction agreement is not concluded under Section 27 of the Act. In other words, any agreement that prevents a person from founding or pursuing his profession or profession is, in exchange for some consideration, not a consideration. Therefore, any agreement that prevents a person from acting as he or she wishes is characterized as an agreement with another party in which the other party enjoys the end of its profession as an agreement limiting trade.