Agreement in Restrain of Parental Rights

8/10/2019 Agreement in Restrain of Parental Rights

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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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Documents

Agreement in Restrain of Parental Rights