Question 1 OR (b)

Husband's promise to pay his wife for medical treatment: natural love and affection

6 marks

Time to write: About 12 minutes

From an older CBCS paper

Question

Question 1 OR (b) · 6 marks

Nitin promised to pay his wife Kavita Rs. 12000 per month for her medical treatment. Is this contract valid? Does writing and registration affect the contract's validity in any way. Explain.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6 marks

Read from the question

Is this contract…?A case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).

Write it in this order

Read the facts; underline who did what, and the exact question 1 min
1 Section 25(1) 2 marks 2 min
2 Application 3 marks 7 min
3 Conclusion 1 mark 1 min
Check: section named, answer stated in one line 1 min

123

Easy marks

Section 25(1) (step 1, 2 marks): state the rule and its section exactly. It earns its marks before you apply it to the facts.

Short on time? Cut step 2 short rather than leave anything out.

Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Provision. 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” (s. 25(1)). A registered written promise by a husband to pay his earnings to his wife was held valid without consideration.

Application. Nitin's promise to pay his wife Kavita Rs. 12000 a month for her medical treatment is made out of natural love and affection between near relatives, and Kavita gives nothing in return. Writing and registration are therefore decisive:

if the promise is oral, or written but not registered, it is void for want of consideration; and
if it is in writing and registered, it falls within section 25(1) and is a valid contract, enforceable by Kavita.

Conclusion. The contract is valid only if the promise is put in writing and registered; writing and registration are what make it enforceable.

Where the 6 marks sit

#	Component	Marks
1	Section 25(1)	2
2	Application	3
3	Conclusion	1
	Total	6

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