Rajlukhy Dabee v. Bhootnath Mookerjee

Facts

• Bhootnath Mookerjee (husband) entered into a registered written agreement with his wife, Rajlukhy Dabee
• The agreement promised to pay the wife a monthly maintenance/allowance
• There was no consideration from the wife's side
• The husband relied on Section 25(1) of the ICA which validates agreements without consideration if: (a) made out of natural love and affection, (b) between parties standing in near relation, (c) expressed in writing, and (d) registered
• Evidence showed the husband was not on good terms with his wife and the agreement was made essentially to get rid of her

Issue

1. Whether an agreement between husband and wife, though in writing and registered, is valid under Section 25(1) when there is no genuine natural love and affection between them?

Held

• The court held the agreement was not enforceable under Section 25(1)
• All four conditions of Section 25(1) must be satisfied: writing, registration, near relation, AND natural love and affection
• "Near relation" alone is insufficient: there must be actual, genuine natural love and affection
• Where parties are estranged and the agreement is made to separate rather than out of love, the condition of "natural love and affection" is not met
• The agreement was void for want of consideration

Ratio Decidendi

Section 25(1) of the Indian Contract Act creates an exception to the consideration requirement, but it demands genuine natural love and affection, not merely a formal relationship. The parties must stand in near relation AND have actual affection. Where the evidence shows the agreement was motivated by hostility or desire to separate rather than love, Section 25(1) does not save the agreement from being void for want of consideration.