Question:medium

X, a married woman, agreed to live in adultery with B and also agreed to serve him as his housekeeper. In return, B agreed to pay X Rs. 500 per month for living in adultery and Rs. 500 per month for housekeeping. The agreement is

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Ask whether the lawful housekeeping promise can be cut away from the immoral one. Section 24 makes the whole agreement void when the unlawful part cannot be severed.
Updated On: Jul 17, 2026
  • Valid
  • Void
  • Void as to the first object but valid with respect to the second object
  • Unlawful as being opposed to public policy
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The Correct Option is B

Solution and Explanation

The setter has planted a split in the facts, two promises and two separate payments of Rs. 500, hoping you will decide the agreement can be cut in half. Contract law does not let you do that here, and Section 24 of the Indian Contract Act is the provision that closes the door.

  1. Valid: Wrong. Section 23 makes an agreement void where its object or consideration is immoral. A promise by a married woman to live in adultery is immoral on any view, so no part of this bargain can be called valid.
  2. Void: Correct. This is the status the law attaches to the agreement as a whole.
  3. Void as to the first object but valid with respect to the second object: Wrong, and this is the bait. Severance works only where the lawful promise stands genuinely apart from the unlawful one. Here the housekeeping was bolted onto the cohabitation as one arrangement. Writing two figures on the page does not manufacture two contracts.
  4. Unlawful as being opposed to public policy: Wrong as the answer to this question, though it describes the ground. Immorality and public policy explain why the object is bad; "void" states what the agreement therefore is. The question asks what the agreement is.

The governing text of Section 24 reads that if any part of a single consideration for one or more objects, or any one or any part of several considerations for a single object, is unlawful, the agreement is void. The facts match the authority in Alice Mary Hill v. William Clarke, where a woman agreed both to live in adultery with a man and to act as his housekeeper for separate monthly sums. The court refused to save the housekeeping half and struck down the whole agreement, on the footing that the two promises were parts of one indivisible bargain.

The contrast helps. Suppose a man promises to run a lawful shop for another and, in a wholly separate clause supported by its own independent consideration, promises something unlawful. There a court may cut out the bad clause. The test is always whether the good part can live on its own once the bad part is removed. On these facts, it cannot.

Let's summarize:

  • Living in adultery is an immoral object, so it is unlawful under Section 23.
  • Housekeeping is lawful, but it is not severable from the immoral promise.
  • Section 24 makes the whole agreement void once any part of the consideration is unlawful and cannot be severed.

So the agreement is void in its entirety, and option (B) is the answer.

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