Although brokerage contracts were very popular in the land country, the courts did not obtain such agreements. „26. Agreement on limiting the absence of marriage in some cases: under English law, agreements restricting marriage are deterred because they harm the growth of the population and the moral well-being of citizens. Already in 1768, a precedent was introduced by the Court of King`s Bench in Lowe v. Peers, where the accused had made a promise under seal, no one but the promise to marry, on the penalty of paying their 1000 pounds within three months of marriage with someone else. The Law Commission has given extensive thought to the Indian Contract Act of 1872 and has proposed several amendments by adding a bill attached to the Commission`s report, in which it proposed the replacement of several sections, including section 26 of the Act, in order to obtain an amendment to the Marriage Limitation Agreements Act. A marriage withholding agreement is different from both a matrimonial brokerage contract and a fiancee contract. Brokerage contracts have since been denounced by the courts, contrary to public order. For example, in Gopi Tihadi v. Gokhei Panda and Another, a departmental bank of Orissa High Court stated: „The examination or purpose of an agreement is lawful, unless the law is expressly prohibited or if the court deems it immoral or contrary to public order. According to English contract law, a contract in which marriage is entered into taking into account the money paid is considered illegal, since marriage should be a free union of the couple… A brokerage contract is a third party`s remuneration contract in light of its marital negotiations and, as such, is contrary to public policy and cannot be applied. “ (i) Any agreement, within the total limit of the conjugation of a person other than a minor, is untapped.
In today`s world, for example, higher education often extends well beyond the age of majority. Now, if the Commission`s proposal has been followed, a parent can reach an agreement with their child not to marry until he has completed his studies. This would not only lead to a comprehensive education, but also to close it at a later stage where the parties would be more mature and the chances of obtaining a stable marriage would increase. What Void means in Bengali, empty meaning in Bengali, empty definition, examples and the pronunciation of emptiness in the Bengali language. In the meantime, the judiciary has followed this interpretation and, therefore, any agreement to restrict marriage, in whole or in part, is annulled in India.