Any agreement between the two parties that prevents either party from being tried in the event of non-compliance with the contract is a non-agreement. Section 28 of the Indian Contract Act provides that any agreement that prevents an aggrieved party from entering a competent court in the event of an infringement or limits the time within which it can do so is a non-agreement. Moreover, any agreement that would expire the rights of a party or absone one of the parties from its liability would be a non-agreement. The Law Commission has given extensive thought to the Indian Contract Act of 1872 and has proposed several amendments by adding a bill attached to the Commission`s report, in which it proposed the replacement of several sections, including section 26 of the Act, in order to obtain an amendment to the Marriage Limitation Agreements Act. Although the custom of marriage left only partially below a certain amount, it was at odds with section 26 of the Contracts Act. Section 27 of the Act mentions only one exception that attests to the restriction of trade, that is, the sale of good s or good sance. Another exception is the Partnership Act. 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.
It should be noted, however, that a violation of Section 26 of the Indian Contract Act of 1872 was not invoked in apex Court by a partial restriction of marriage which, as part of the service contract, existed definitively before the Apex court. The preliminary proceedings had found such a practice and allowed the applicant to demand payment from the groom. However, a High Court chamber, in the second appeal, stated that such a payment of money for marriage to an adult woman was not applicable because it was immoral and contrary to public policy.