AGREEMENT OPPOSED

TO PUBLIC POLICY
AGREEMENT IN RESTRAINT OF
PARENTAL RIGHT
According to law the father is the
guardian of his minor child; after
the father, the right of guardianship
vests in the mother.
The authority of a father cannot be
alienated irrevocably and any
agreement purporting to do so is
void.
Example
Giddu 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 revoke
the transfer. Subsequently, he filed a suit for
recovery of the boys and a declaration that
he was the rightful guardian, the court held
that he had the right to revoke his authority
and get back the children.

Agreement in Restraint of Marriage
Every agreement in restraint of the
marriage of any person, other than a
minor, is void.
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 B
sued A for recovery of the sum. Held,
the contract was in restraint of
marriage, and as such void.
MARRIAGE BROKERAGE CONTRACT
In 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.
EXAMPLE

In Venkatakrishna Vs Venkitachalum, a
sum of money was agreed to be paid to
the father in consideration of his giving
his daughter in marriage. Held, such a
promise amounted to a marriage
brokerage contract and was void.
AGREEMENT IN RESTRAINT OF
TRADE
Where the object of an agreement is to
interfere with the freedom of a person
to carry on any lawful trade or
profession the said agreement is called
agreement in restraint of trade.
EXAMPLE
A and B carried on business of clothes in a
certain locality in Kolkatta. A promised to
stop business in that locality if B paid him
Rs 900 which he had paid to his workmen as
advances. A stopped his business but B did
not pay him the promised money. Held the
agreement was void and therefore nothing
could be recovered on it. (Madhav Vs Raj
Coomar)
AGREEMENTS IN RESTRAIN OF
PERSONAL LIBERTY
Under law every one is entitled to enter
into any contract which is lawful
according to his will and pleasure. At
the same time if the court finds that a
contract unduly restrains individual
liberty and amounts to slavery it will
reuse to enforce the agreement.
EXAMPLE
A, the borrower agreed with B, the money
lender, not to change his address not to
change his employment, not to dispose his
property and not to incur any legal
obligations till the loan was repaid. The
court held that such agreement was void as
being opposing to the public policy since it
restrains the personal freedom.