However, a Betrothal contract is also not considered an agreement limiting marriage within the meaning of Article 26 of the Indian Contracts Act, since the fundamental difference between an agreement limiting marriage and a fiancee contract is that, in the latter case, any party excluded from the marriage, with the exception of the other , practically works to promote the marriage of the two. In addition, under English law, broking contracts or commitments to obtain or obtain marriage are declared illegal for several social reasons. One can absolutely be deterred from marrying or marrying for a specified period of time or being partly deterred from marrying a person or class of people, and in one of the events mentioned above, the agreement is not valid. Section 26 does not distinguish between absolute and partial restrictions on the freedom of marriage. This has been strictly followed by the courts in various cases. In today`s world, for example, higher education often extends well beyond the age of majority. Now, if the Commission`s proposal has been followed, a parent can reach an agreement with their child not to marry until he has completed his studies. This would not only lead to a comprehensive education, but also to close it at a later stage where the parties would be more mature and the chances of obtaining a stable marriage would increase. (ii) Any agreement that partially limits the marriage of a person other than a minor is non-immediate if, in the circumstances of this case, it is deemed inappropriate.” A Pardanashin woman is a woman who observes total isolation, that is, she does not come into contact with people other than family members. The law offers the paranoid woman special protection on the grounds that she is ignorant as long as the centuries-old knowledge goes. A contract with a paranoid woman is generally accepted to have been induced by inappropriate influence. The burden of proof that no inappropriate influence has been used rests with the other party.
The other party will have to show that, according to Chitty, a contract to keep or prevent a part of the marriage or a deterrence for marriage is contrary to public policy insofar as it makes any person uncertain whether or not to marry. However, English law does not retain agreements that partially restrict marriage by separating from Indian law as stipulated in the Indian Contracts Act of 1872. A contract can be developed in the presence of at least two parties, one making the offer and the other accepting it. There must therefore be an offer from one party and its acceptance by the other party. The offer, if accepted, becomes an agreement. The party making the offer is known as a supplier and the party to which the offer is submitted is known as Offeree.