Agreements In Restraint Of Marriage Sec. 26
It can be noted here that marriage mediation has been widespread, at least among Hindus, in pre-independent India, as indicated by the Hindu Mediation Law, which has since been denounced by the courts, contrary to public order. For example, in Gopi Tihadi v. Gokhei Panda and Another, a departmental bank of the Supreme Court of Orissa, stated: „The examination or the object of an agreement is lawful, unless it is expressly prohibited by law or the court considers it immoral or contrary to public order. Under English contract law, a contract in which the marriage is entered into against the money paid is considered illegal, as the marriage had to be a common-law union of the couple. A conjugal mediation contract is a contract of remuneration of a third person against the negotiation of a marriage and, as such, contrary to public order and cannot be enforced. .