Facts of the Case
‘X’ made a promise to marry ‘Y’ at a future date. Relying on this promise, ‘Y’ altered her position and expected the marriage to take place. Subsequently, ‘X’ refused to marry ‘Y’ without lawful justification. Aggrieved by this breach of promise, ‘Y’ approached the court seeking enforcement of the promise and prayed for a decree directing ‘X’ to specifically perform his promise of marriage.
Issues in the Case
The primary legal issues involved are:
- Whether a promise to marry constitutes a legally enforceable contract under Indian law.
- Whether a court can grant specific performance of a promise to marry.
- Whether refusal to marry gives rise to any civil remedy.
Legal Principles Covered to Support Case Proceedings and Judgements
Under Indian Contract Act, 1872, a valid contract requires free consent and lawful consideration. A promise to marry is generally considered a personal and social obligation, not a commercial contract.
Further, Section 14 of the Specific Relief Act, 1963 clearly states that contracts dependent on personal volition or personal qualifications are not specifically enforceable. Marriage involves personal choice, emotions, and mutual consent, which cannot be compelled by law.
Indian jurisprudence consistently holds that courts cannot force an individual to marry against their will, as it violates personal liberty guaranteed under Article 21 of the Constitution of India. However, damages or compensation may be claimed if deception or fraud is proved.
Possible Judgement
The court cannot pass an order for specific enforcement of a promise to marry. Such a promise is not specifically enforceable because marriage is a personal relationship requiring continuous consent. The suit for specific performance would be dismissed. However, the court may allow a claim for damages if the breach caused financial or reputational harm to ‘Y’.
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