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AGREEMENT OPPOSED
TO PUBLIC POLICY
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AGREEMENT IN RESTRAINT OF
PARENTAL RIGHTAccording to law the father is the
guardian of his minor child; after
the father, the right of guardianshipvests in the mother.
The authority of a father cannot be
alienated irrevocably and anyagreement purporting to do so isvoid.
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ExampleGiddu Narayanish vs Mrs. Annie Besant.
A father having two minor sons agreed to
transfer their guardianship in favour of Mrs.Annie Besant and also agreed not to revokethe transfer. Subsequently, he filed a suit for
recovery of the boys and a declaration thathe was the rightful guardian, the court heldthat he had the right to revoke his authority
and get back the children.
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Agreement in Restraint of MarriageEvery agreement in restraint of the
marriage of any person, other than a
minor, is void.
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Example A promised to marry none else except
Miss B, and in default pay her a sum of
Rs 1000. A married someone else and Bsued A for recovery of the sum. Held,the contract was in restraint ofmarriage, and as such void.
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MARRIAGE BROKERAGE CONTRACTIn consideration of
marriage one or the other, of the parties to
it, or their parents or third party receive a
certain sum of money. Accordingly dowry
is the marriage brokerage unlawful and
void.
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EXAMPLE
In Venkatakrishna Vs Venkitachalum, asum of money was agreed to be paid to
the father in consideration of his givinghis daughter in marriage. Held, such apromise amounted to a marriagebrokerage contract and was void.
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AGREEMENT IN RESTRAINT OF
TRADEWhere the object of an agreement is to
interfere with the freedom of a person
to carry on any lawful trade orprofession the said agreement is calledagreement in restraint of trade.
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EXAMPLEA and B carried on business of clothes in acertain locality in Kolkatta. A promised tostop business in that locality if B paid him
Rs 900 which he had paid to his workmen asadvances. A stopped his business but B didnot pay him the promised money. Held the
agreement was void and therefore nothingcould be recovered on it. (Madhav Vs RajCoomar)
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AGREEMENTS IN RESTRAIN OF
PERSONAL LIBERTYUnder law every one is entitled to enter
into any contract which is lawful
according to his will and pleasure. Atthe same time if the court finds that acontract unduly restrains individualliberty and amounts to slavery it willreuse to enforce the agreement.
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EXAMPLEA, the borrower agreed with B, the money
lender, not to change his address not to
change his employment, not to dispose hisproperty and not to incur any legalobligations till the loan was repaid. The
court held that such agreement was void asbeing opposing to the public policy since itrestrains the personal freedom.
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