Question 1 (d)
Money advanced to obtain a divorce: recovery
6 marks
- Time to write
- About 12 minutes
- Notes
- Crux notes
Question
Question 1 (d) · 6 marksMr. A gives money to Mrs. B, a married woman, so that she obtains a divorce from her husband, Mr. C. Mr. A promised to marry Mrs. B afterwards. If the promise is not fulfilled, can Mr. A recover the amount?
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
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Section 23: unlawful object, immoral or opposed to public policy 2 marks 4 min
- 2 Application to the facts, with the decided case 3 marks 5 min
- 3 Decision 1 mark 1 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks. End with step 3 in a line or two.
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.
Law. Under section 23 of the Indian Contract Act, 1872, the consideration or object of an agreement is unlawful if the court regards it as immoral or opposed to public policy, and every agreement whose object or consideration is unlawful is void. The courts treat an agreement whose object is to bring about the divorce of a married woman from her husband, coupled with a promise of marriage to her, as immoral and opposed to public policy.
Application. Mr. A gave money to Mrs. B, a married woman, so that she could obtain a divorce from her husband, Mr. C, and he promised to marry her afterwards. The object of the arrangement is the divorce of Mrs. B from her husband. In a decided case on the same facts (money advanced to a married woman to obtain a divorce, with her promise to marry the lender), it was held that the lender was not entitled to recover the amount, because the agreement had the divorce as its object and the promise of marriage made in those circumstances was against public policy.
Decision. The agreement is void under section 23. The court will not help Mr. A: he cannot recover the money, whether or not the promise of marriage is fulfilled.
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Section 23: unlawful object, immoral or opposed to public policy | 2 |
| 2 | Application to the facts, with the decided case | 3 |
| 3 | Decision | 1 |
| Total | 6 |
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