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An Agreement In Restraint Of Marriage Is

By Zach Arnold | September 10, 2021

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An agreement limiting marriage differs from both a marital intermediation contract and an engagement contract. The preliminary courts had found the existence of such a practice and had authorised the applicant to request payment from the groom. However, a Chamber of Judges of the High Court ruled that such a payment of money for marriage to an adult woman was not legally applicable, as it was immoral and contrary to public order. Scott-Smith, J. added: “To impose such a custom would be to say that an adult woman cannot marry a man unless the man pays a large sum, which might be impossible for him, to his close male relative. It would be customary to restrict marriage and go against the principle of section 26 of the Contracts Act.┬áSome agreements are simply detrimental to society. .

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