Section 26 of the Indian Contract Act, 1872 deals with agreements that restrict a person’s freedom to marry. The provision declares such agreements void when they restrain the marriage of any person other than a minor. The objective is to protect an individual’s freedom of matrimonial choice and prevent contractual conditions from unlawfully interfering with marriage.

What Does Section 26 Provide?

The statutory provision states that every agreement in restraint of the marriage of any person, other than a minor, is void. Therefore, an agreement cannot ordinarily be enforced merely because a person has voluntarily accepted a contractual restriction on marriage.

Subsections under Section 26

Section 26 does not have separately numbered sub-sections. Its single rule can, however, be understood through two practical categories:

1. Total restraint on marriage:
An agreement completely preventing a person from marrying is void.

2. Partial or indirect restraint:
Restrictions concerning whom or when a person may marry can also attract Section 26. Indian legal materials have recognised that the provision is broader than merely prohibiting an absolute lifetime ban on marriage.

Important Judgments

Rao Rani v. Gulab Rani, AIR 1942 All 351:
The Allahabad High Court considered the scope of partial or indirect restraint on marriage and discussed whether such restrictions fall within Section 26.

A. Suryanarayan Murthi v. P. Krishna Murthy, AIR 1957 Ori 125:
The court considered an agreement between two co-widows concerning remarriage and held that the particular arrangement was not a restraint on marriage within Section 26.

Conclusion

Section 26 reflects the principle that contractual arrangements should not unlawfully interfere with a person’s freedom of marriage. Agreements creating prohibited restraints on the marriage of a major are therefore treated as void and cannot ordinarily be enforced.