Can a guardian make a binding marriage contract for a minor?

Yes—if the contract is intended to benefit the minor and is made by a lawful guardian, it is enforceable in law.

Was the promise to marry enforceable here?

Yes. The court found the agreement, made by the father as guardian for the minor’s benefit, created an enforceable obligation.

Is consideration missing if the minor gives nothing?

No. The guardian’s binding undertaking for the minor’s benefit and the agreed terms supplied legal enforceability.

What relief was granted?

Damages were awarded to the plaintiff for breach. The court assessed ₹1,000 and directed the defendant to pay costs.

Why does custom matter in this case?

The court noted common parental involvement in arranging marriages to secure a minor daughter’s future, supporting enforceability when beneficial.

fernandez-v-gonsalves-guardian-marriage-contract-minor

Fernandez v. Gonsalves (Guardian’s Contract for a Minor)

Contract Law Bombay High Court 1925 Citation: AIR 1925 Bom 97 Bench: High Court Reading time: ~4–5 min

Author: Gulzar Hashmi | India | Published on 26 Oct 2025

Quick Summary

A father, as guardian, signed a written agreement with the defendant: he would marry the plaintiff (then a minor) within 2 years or pay ₹2,000 as damages. The defendant later refused to marry. The court held that a guardian can make a binding contract for the minor when it is for her benefit. Damages were granted to the plaintiff.

Issues

Could the father/guardian enter and bind the minor to a marriage agreement?
Was the contract beneficial to the minor and therefore enforceable?

Rules

If a guardian makes a contract for the minor’s benefit and intends it to bind the minor, it is enforceable.
Cultural practice of parental arrangement can support the view that such contracts secure the minor’s future.

Exam Tip: Ask—(1) lawful guardian? (2) benefit to minor? If yes to both, enforcement follows.

Facts (Timeline)

Timeline visual for Fernandez v. Gonsalves facts

Workplace link: Defendant knew the plaintiff’s family through dock work with her father.

Proposal: Defendant sought marriage with the plaintiff; both she and her father agreed.

Pre-contract conduct: Defendant wanted public outings as fiancée; father objected.

26 May 1919: Written contract between defendant and father (natural guardian): marry within 2 years or pay ₹2,000 damages; after signing, outings were allowed.

Breach: Defendant did not marry the plaintiff.

Suit after majority: Plaintiff sued for damages for breach of contract.

Defence: No contract with minor (capacity) and no consideration with father.

Arguments

Plaintiff

Guardian made a lawful, beneficial contract that binds the minor.
Promise protected reputation and future; damages clause secured performance.

Defendant

Any contract “with the minor” is void for minority.
Contract “with father” lacked consideration from plaintiff’s side.

Judgment (Held)

Judgment concept for Fernandez v. Gonsalves

Held for the plaintiff. A guardian may enter into a contract on the minor’s behalf when it is clearly for her benefit. Such a contract is enforceable, and the defendant was liable in damages.

Customary parental role supported the validity of the arrangement.
Damages awarded: ₹1,000 plus costs payable by the defendant.

Ratio Decidendi

Where a lawful guardian contracts for the benefit of the minor and intends it to bind the minor, the contract is enforceable at law; the minor can sue upon it after majority.

Why It Matters

Clarifies guardian’s capacity to contract for minors when beneficial.
Shows courts balancing custom, welfare, and enforceability.
Provides a framework to assess damages for broken promises affecting a minor’s future.

Key Takeaways

Guardian-made contracts can bind minors if they are clearly beneficial.
Consideration challenge fails where the arrangement protects the minor’s interests.
Remedy may be damages; here, ₹1,000 with costs.

Mnemonic + 3-Step Hook

Mnemonic: “GBB = Guardian, Benefit, Binds”

Guardian makes the contract,
Benefit to the minor is clear,
then it Binds and is enforceable.

3-Step Exam Hook

Identify lawful guardian + written terms.
Prove tangible benefit/welfare to the minor.
Apply enforcement → damages/specific relief as fit.

IRAC Outline

Issue

Can a guardian bind a minor to a marriage agreement and recover for breach if it benefits the minor?

Rule

Guardian-made contracts that are for the minor’s benefit are enforceable; the minor can sue upon attaining majority.

Application

Written promise to marry within 2 years + damages clause; father allowed outings only post-contract; welfare and reputation safeguarded.

Conclusion

Contract enforceable; defendant liable; court awarded ₹1,000 damages and costs.

Glossary

Guardian: A person legally authorized to act for a minor; may contract if it benefits the minor.
Consideration: Something of value or legal benefit; here, welfare and protection terms underpin enforceability.
Damages Clause: A term fixing monetary liability upon breach; here, ₹2,000 promised, ₹1,000 awarded.