Contract Marriage and Pre nuptial contracts - validity
Pradeep
(Querist) 10 March 2010
This query is : Resolved
Hi
Can anybody please tell me, if the pre-nuptial contracts are valid in india. if yes, to what extent ? can the couples decide on the custody of their child, or can they fix a future date of termination of contract of marriage ?
- First of all, is a contract of marriege valid in india ?
- Can a contract fixing a future date for divorce be valid in the eyes of law in india ?
- Agreement in restraint of marriege is void, so is an agreement setting out a future date for divorce be valid ?
- The following link says that a contract for the future separation is void, wuoting the descision in .Chalfont vs. Payton, 91 Ind., 202
http://chestofbooks.com/society/law/Popular-Law-3-Contracts/Section-55-Agreements-In-Restraint-Of-Marriage.html
Please help
Raj Kumar Makkad
(Expert) 10 March 2010
1. Marriage is not a contract in India especially under Hindu Marriage Law.
2. No. Such contract is illegal ab initio in India.
As the marriage is regarding as joining of two souls for at least 7 births (spiritually) hence it is not a contract in India even as per law and thus no question arises to pre-fix the date for divorce or separation.
Kumar Thadhani
(Expert) 11 March 2010
Marriage is a sacred contract between the couple and that no pre-fix of dates for divorce or separation arises or planned.
Pradeep
(Querist) 12 March 2010
The question of sacrament arises only when both the parties marry according to Hindu rituals, and under the Hindu marriage act.
If the couple have no intention to be bound by Hindu religion (I guess they have Freedom of religion, which includes freedom not to chose any religion) and marry as per special marriage act? would it give them a right to make it a contract, and set a termination date accordingly ?
sangeeta mehrotra
(Expert) 09 December 2010
Though there's no provision for any pre-nuptial agreement,it is advisable that all valuables [tangible asset] exchanged between the two FAMILIES (that includes, obviously both bride & groom) ; and expectations [intangible asset] from each other (that includes extended families from both sides ) be put in black and white , if possible, along with photographs - either in a MOU format (if the families are not touchy about the same) or even thru exchanging letters/mails etc.
This would save lots of heartburn later.
