After divorce, the husband promised his wife a permanent allowance of Rs. 3,000 per year. Relying on this promise, the wife refrained from seeking maintenance through the court. However, the husband failed to fulfill the promise, and the wife now sues him. Is the wife entitled to relief?
TheSayeed Answered question March 15, 2024
Facts of the Case:
- Following their divorce, the husband promised to provide his wife with a permanent allowance of Rs. 3,000 annually.
- In reliance on this promise, the wife chose not to pursue maintenance through legal channels.
- Despite the promise, the husband failed to make the stipulated payments, prompting the wife to take legal action against him.
Issue in the Case:
- Can the wife succeed in her lawsuit against the husband based on his promised permanent allowance?
Principle:
- In contract law, for an offer to be legally binding, it must give rise to a legal relationship or obligation (Section 10 of the Indian Contract Act).
- Promises made in a social or domestic context, without intention to create legal relations, typically do not constitute enforceable contracts.
Judgment:
- The wife cannot succeed in her lawsuit against the husband for the promised permanent allowance.
- The situation parallels the case of Balfour v. Balfour (1919) 2 K.B. 571, where the husband promised his wife a monthly maintenance allowance post-separation.
- In Balfour v. Balfour, the court ruled that such agreements, lacking intention to create legal relations, fall outside the scope of enforceable contracts.
- Similarly, the promise made by the husband to the wife after their divorce, regarding the permanent allowance, likely falls under social or domestic arrangements and does not create a legal obligation.
Based on the precedent set in Balfour v. Balfour, the court is unlikely to enforce the husband’s promise as it lacks the requisite intention to create legal relations.
TheSayeed Answered question March 15, 2024