Arun, a husband enters into a registered agreement with his wife Radha, to pay his earnings to her. Is it a valid contract ? Will the answer be different if the husband by a registered document, after referring to quarre

The general rule is that an agreement made without consideration is void. But Section 25 of the Indian Contract Act, 1872 lays down certain exceptions which make a promise without consideration valid and binding. Section 25(1) inter alia provides an exception to this general rule. It states that an agreement made without consideration is void, unless it is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other. According to the case Poonoo Bibi v. FyazBuksh, (1874) 15 Bom L.R. 57, a registered agreement between a husband and his wife to pay his earnings to her is a valid contract, as it is in writing, is registered, is between parties standing in near relation, and is for love and affection. However, according to the case Rajluckhy Deb v. Bhootnath (1900) 4 C.W.N. 488, where a husband by a registered document, after referring to quarrels and disagreement between himself and his wife, promised to pay his wife a sum of money for her maintenance and separate residence, it was held that the promise was unenforceable, as it was not made for love and affection. In accordance with the above cases and provision, it can be said that an agreement that is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other, is a valid contract in the given situation. However, in the second situation, where a husband by a registered document, after referring to quarrels and disagreement between himself and his wife, promised to pay his wife a sum of money for her maintenance and separate residence, the promise is unenforceable.