Contract Act_Practical Problems_23

A Hindu husband executed and registered a document in favour of his wife whereby, referring to quarrels and disagreement between the parties, he agreed to transfer one of his properties to her. Later, he refused to effect the transfer. Can the wife file a suit against the husband for enforcing the contract ?

No- Wife will not succeed.

The problem relates to the exception to the rule 'No consideration no contract'. Section 25 (1) of the Indian Contract Act provides that a contract without consideration shall be valid if made out of natural love and affection, between parties standing in a near relation to each other, and through a written and registered document. Thus, such a contract must be an outcome of natural love and affection between the parties. Mere nearness of relationship does not import natural love and affection. Thus, in the present case, since promise is made to transfer properties after reference to quarrels, natural love and affection being absent, contract shall not be enforceable. The same was the decision in the case of Rajhikhy Dohee v. Bhootnath on which the facts of the present problem have been based.