employment contract in IT company signed by minor girl
My to be wife had signed an employment document(bond period is 3 years) when she was 17 years(Not an adult) of age with an IT company. Now she wants to quit the job for marriage before 5months of bond completion. The company is demanding 1.5 lakhs for relieving. We do not want the employment letter or any details etc since my to be wife would be a homemaker and would not be working anywhere else in future.
Please get informed that the IT Company is already under trap. Under Section 10 of the Indian Contract Act, Section 10 of the Indian Contract Act, 1972 all agreements are not contracts. Only those agreements are contracts that are made by parties who are competent to enter into a contract. Further, the word ‘competent’ has been described in Section 11 of Indian Contract Act; it is inclusive of 3 essentials-
· The person should be of the age of majority; that is to say, 18 years
· He should be of sound mind at the time of making of contract.
· He should not be disqualified from contracting by any law to which he is subject.
The Mohiri Bibi v. Dharmodas Ghosh can be better referred for this purpose. The bond is void as well as voidable at the instance of your ‘to be wife’. Hence the bond cannot be enforceable.
Further you have stated that the Employer has demanded 1.5 Lakhs, Please process through a Advocate a counter draft that your ‘to be wife’ may have been deprived from the labour welfare provisions and exploited for. Also please do mention that if the unfair treatment is not stopped by the Employer, may drag them to the Court of law and further compensation of Rs 3 Lakhs for mental harassment for intervention in her fundamental freedoms.