Section 26 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 26 is one of the shortest sections in the Act. It says: "Every agreement in restraint of the marriage of any person, other than a minor, is void." That is the whole text. This article explains each limb, how it links with section 23, and what the section leaves open.
Every agreement in restraint of the marriage of any person, other than a minor, is void. The agreement is not enforceable by law (section 2(g)). The words "other than a minor" take minors outside the section. The text of section 26 carries no illustrations, no exceptions and no definition of "restraint"; this article does not add any.
The section in parts
| Part | Text |
|---|---|
| Subject | "Every agreement" |
| Conduct | "in restraint of the marriage" |
| Whose marriage | "of any person" |
| Carve-out | "other than a minor" |
| Effect | "is void" |
If you are drafting an employment contract, a family arrangement or a bequest-linked agreement and want to check a clause that touches a person's marriage, our legal consultation service can help you look at it.
"Every agreement"
The section covers every agreement. It uses the Act's own word "agreement", not "contract". As section 2(e) and (g) explain, an agreement not enforceable by law is void. See our article on section 2(e) to (j).
"In restraint of the marriage"
The agreement must be one that restrains marriage. The section does not define "restraint" and does not say whether a restraint must be total or may be partial, for example one that limits the choice of partner or the time of marriage. Those questions have been worked out in case law, which is outside this article. What the section tells us is only that a restraint of marriage, in the case it covers, makes the agreement void.
"Of any person"
The words "any person" are wide. They are not limited to the parties to the agreement. An agreement could restrain the marriage of a person who is not a party to it, and the text does not exclude that.
"Other than a minor"
The carve-out says the rule does not apply to the marriage of a minor. The text does not say what the position is for an agreement in restraint of a minor's marriage; it only says that section 26 does not make it void. Competence of minors under section 11 is a separate matter, and what follows is a case-law question. See our article on section 11.
How section 26 fits with section 23
Section 23 says that a consideration or object is unlawful if it is forbidden by law, and a footnote to that ground refers to sections 26, 27, 28 and 30. So section 26 is one of the places where the Act itself, by express words, declares a class of agreement void. That also links with section 10, which says an agreement is a contract only if it is "not hereby expressly declared to be void". See our article on section 23.
| Section | What it makes void |
|---|---|
| 26 | Agreements in restraint of the marriage of any person, other than a minor |
| 27 | Agreements in restraint of trade, to that extent |
| 28 | Agreements restricting legal proceedings, to the extent stated |
| 29 | Agreements void for uncertainty |
| 30 | Wagering agreements |
No illustrations
Section 26 has no illustrations in the text. The example below is our own.
Example (our own, not the Act's). Tarun, a business owner, offers his niece Uma a monthly allowance and a job at his firm on condition that she signs an agreement that she will not marry for the next ten years, and that if she marries she will repay all that she has received. Uma agrees. The agreement is an agreement in restraint of her marriage. Uma is not a minor, so the carve-out does not apply, and under section 26 the agreement is void. Tarun cannot enforce the term that she repay on marriage.
Compare a different arrangement: Tarun employs Uma at a fixed salary with no condition about marriage. There is no restraint of marriage, and section 26 does not come into play.
What can the parties change?
Section 26 says "every agreement" in restraint of marriage is void, so the parties cannot validate such an agreement by saying it is voluntary or by adding consideration. The text gives no exceptions. What parties can do is avoid terms that restrain a person's marriage. Where a clause arguably touches marriage only indirectly (for instance a condition about residence or work), the text does not say whether section 26 reaches it; take advice on the clause and the facts.
Practical points
- Avoid marriage-linked conditions. A clause that penalises or forbids marriage of an adult is within the section's words.
- Check bequest and gift documents. If a document attaches a condition against marriage, ask whether section 26 or another law is engaged.
- Remember the minor carve-out. The section does not extend to minors, but the position of a minor is a separate question.
- Take advice on borderline clauses. The section does not define restraint, so clauses that restrict marriage only partly need individual review.
Need help with a clause that touches marriage?
If a contract, family arrangement or settlement includes a condition about marriage and you want to know whether section 26 applies, our legal consultation team can review the clause and the context and explain what the Act says.
Key takeaways
- Every agreement in restraint of the marriage of any person, other than a minor, is void (s.26).
- Void means not enforceable by law.
- The section has no illustrations and no express exceptions.
- It is one of the sections to which section 23's footnote refers; section 10 excludes agreements expressly declared void from contracts.
Read next
- Section 25: agreement without consideration
- Section 27: restraint of trade and non-compete clauses
- Void and voidable contracts: sections 24 to 30
Disclaimer: Based on the text of the Indian Contract Act, 1872 as consulted on 1 October 2026. Many questions under this Act turn on case law and on the wording of the particular contract, which this article does not cover. It is general information, not legal advice; check the official text and take advice before acting.