Ram employed in Mumbai promised to pay ₹8,000 per month to his wife Sunita. She was living in Delhi. On receiving information that she has become unfaithful to him, Ram stopped the payment of ₹8,000 to Sunita. Sunita app

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2019
Ram employed in Mumbai promised to pay ₹8,000 per month to his wife Sunita. She was living in Delhi. On receiving information that she has become unfaithful to him, Ram stopped the payment of ₹8,000 to Sunita. Sunita approaches to file a case against Ram. Advise her with reference to the Indian Contract Act, 1872.

Answer & Explanation:

According to section 2(h) of the Indian Contract Act, 1872, Contract is an agreement enforceable by law i.e. for an agreement to become a contract, there must be intention to create legal relationship. In the present case, intention to create legal relationship is absent as this is a domestic arrangement between husband and wife. According to the Indian Contract Act, 1872, it does not make any difference whether the agreement is oral or in writing. So being domestic arrangement between husband and wife, it is presumed that intention to create legal relationship is absent in the present case and therefore, this agreement is not enforceable. Therefore, Sunita would not succeed in the present case. (Ref. Balfour v. Balfour)

Topics: Indian Contract Act, 1872

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