Q. ‘A’, While his wife ‘B’ was still alive, promised to marry ‘C’ in the event of B’s death. Later ‘B died. ‘C’ sues ‘A’ for damages for the breach of promise to marry her. Discuss.
Ans: ‘C’ will not succeed in suit for damages because promise made by ‘A’ to ‘C’ is against public policy.
Reasons: According to Section 10 of Indian Contract Act the object and consideration must be lawful for a valid agreement.
According to Section 23 the object or consideration of an agreement is not lawful if it is opposed to public policy.
Promise to marry a lady when the wife of a man is still alive, is against public policy, hence void.
Learned authors Pollck & Mulla also in his work on Indian Contract Act (9th Edn. Page 226) remark-“It is against public policy for a married person while the marriage is intact to promise marriage to a third party.
In the given problem, the promise by ‘A’ to marry ‘C’ when his wife is still alive, is opposed to public policy and therefore, void. Thus, if ‘C’ sues ‘A’ for damages for breach of promise she will not succeed.
Kishor Prasad
