Ram promised to pay ₹ 5,000 per month to his wife Sunita. She was living in Delhi. On receiving information that she was unfaithful to him, Ram stopped payment of ₹ 5,000 to Sunita. Sunita approaches you to file a case a
CS Executive · Economic and Commercial Laws · PYQS · December 2020
Ram promised to pay ₹ 5,000 per month to his wife Sunita. She was living in Delhi. On receiving information that she was unfaithful to him, Ram stopped payment of ₹ 5,000 to Sunita. Sunita approaches you to file a case against Ram. Advise her referring to the Provision of the Indian Contract Act, 1872.
Answer & Explanation:
The present problem is based upon a domestic arrangements between husband and wife. In Balfour v. Balfour (1919) 2 KB 571 , a husband working in Ceylone, had agreed in writing to pay a housekeeping allowance to his wife living in England. On receiving information that she was unfaithful to him, he stopped the allowance. The Court Held, he was entitled to do so. This was a mere domestic arrangement with no intention to create legally binding relations. Therefore, there was no contract. In the present case no legally binding contract has been made between Ram and Sunita and the promise is in the nature of domestic arrangement between a husband and wife. Therefore there is no valid contract.
Topics: Indian Contract Act
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