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AJ Agarwal (Self)     05 December 2010

Pre-nupital agreements / Pre-marriage agreements

1. since CONTRACT marriage is not permissible in INDIA, is a pre-nupital agreement valid in INDIA ? Does this pre-nupital agreement need to be registered ?

 2. what are the provisions either in the Special marriages act, or Hindu marriage act, whereby either party (husband or wife or jointly) can seek EASIER dissolution of marriage ?

 3. which is better from this angle (i.e. EASIER dissolution) - Special marriages Act or Hindu Marraige act ?

 4. What are the other LEGAL provisions whereby a man & woman can live as husband & wife (though NOT married as per either Hindu marriage act or speacial marriage act)  ?



Learning

 8 Replies

Suchitra. S (Advocate)     05 December 2010

The only option is a  'live in relation'. As of now Indian courts do not consider prenuptial agreements for marriage. 

1 Like

AJ Agarwal (Self)     05 December 2010

Suchitra ji : Can you please answer / guide on points 3 to 4 also ? Thank you

Suchitra. S (Advocate)     05 December 2010

The other options are same in their effects on dissolution. In India one can marry very easily even  within 5minutes at registration office. But getting a divorce needs years of visits to courts.

1 Like

ashish lal (Advocacy)     05 December 2010

if you are thinking about divorce before getting married then why are getting married at all.

1 Like

AJ Agarwal (Self)     05 December 2010

ref shri ashish lal ji : when you know that yu are going to sh*t after eating, why do you eat at all ??

you are better off by limiting yourself to legal discussions in this forum

Pre-nupital agreements are becoming inevtiable, and divorces are increasing thanks to the britishers laws & judicial system that they left for you

ashish lal (Advocacy)     05 December 2010

Pre nupital agreement cannot be legally enforced in India. In Metro and First tier cities it is becoming fashion. I dont consider it bad at all but both spouses should adhere to agreement's terms and conditions and if they adhere it in true spirit then divorce would not happen at all.

We can clear mess surrounding matrimonial disputes is by having a uniform civil code as far as marriage and divorce is concerned. Make the whole process of divorce very simple, may be something like in france. Make the process of compensation/maintenance as simple as possible. If this happens then we dont be needing Pre nuptial agreement for getting divorce but to make marriages successful  

Avnish Kaur (Consultant)     06 December 2010

have u gone thru above link?


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