X and Y are husband and wife, respectively. X, by a registered document, after referring to quarrels and disagreement between himself and his wife Y, promised to pay his wife, a sum of money for her maintenance and separ

CS Executive · Economic and Commercial Laws · PYQS · December 2015
X and Y are husband and wife, respectively. X, by a registered document, after referring to quarrels and disagreement between himself and his wife Y, promised to pay his wife, a sum of money for her maintenance and separate residence. Whether this document is a contract enforceable by law? Give reasons with reference to decided case law, if any.

Answer & Explanation:

The general rule is that an agreement made without consideration is void. However, Section 25 of the Indian Contract Act lays down certain exceptions which make a promise without consideration valid and binding. One such exception is when an agreement is expressed in writing and registered and is made out of natural love and affection between parties standing in a near relation to each other. In the case of 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. Hence, the contract executed by Mr. X in favour of Mrs. Y is not enforceable by law because, despite being in writing and registered and between parties in a near relation, it was made due to quarrels and disagreement, not out of natural love and affection.

Topics: Indian Contract Act

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