- December 2, 2020
- Posted by: samdenis
An agreement on marriage mediation is fundamentally different from a marriage restriction agreement, because it is necessarily an agreement with a third person, that is, with a person whose own marital law is not affected, whereas he wants to influence the marriage of two others. While the Supreme Court has asked companies to change their rules to bring parity to the retirement age of the two subsidiaries and has also cracked down on the rule against first pregnancy, which it considers a violation of Article 14 of the Constitution, it has nevertheless confirmed the limitation of marriage for the first four years of service , taking into account the practical needs of the company and society at large. However, a Betrothal contract is also not considered an agreement limiting marriage within the meaning of Article 26 of the Indian Contracts Act, since the fundamental difference between an agreement limiting marriage and a fiancee contract is that, in the latter case, any party excluded from the marriage, with the exception of the other , practically works to promote the marriage of the two. It should be noted, however, that a violation of Section 26 of the Indian Contract Act of 1872 was not invoked in apex Court by a partial restriction of marriage which, as part of the service contract, existed definitively before the Apex court. Here, the complainant was the owner of a fleet of buses travelling between Pune and Mahabaleshwar. The defendant also had a similar case in the same area. In order to avoid competition, the plaintiff purchased the defendant`s business with the overvalue and contractually forced him not to open a similar business in the area for 3 years. The accused did not comply and began his activities. The Tribunal found that the agreement was valid, as it was the exception of S.27. Under Section 26 of the Indian Contract Act, all agreements restricting marriage, with the exception of a minor, are unhinged. 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.