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AJ Agarwal (Self)     05 December 2010

divorce easier if pre-nupial agreement ?

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 ?

 1B. What all is legally permissible to write / agree in a pre-nupital agreement ?

 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)  ?



 3 Replies

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     09 December 2010

Best is live in relations only because today wifes are more demanding and file cases on small small issues and give too much trouble.

If by chance you get some good girl then ok otherwise live- in relations are best these days in India.

HANUMANT DESHMUKH (Activist)     10 December 2010

Very good questions. I hope we get some good answers. IMHO, pre-nup has no legal validity in India in terms of Divorce because divorce is a legal process and no contract can circumvent a law. So clauses such as unilateteral divorce (or divorce by any means other than the regular divorce proceedings) cannot be enforced. Clauses that create new conditions for divorce (For example, if you don't talk to me for two days and if I seek divorce, you must accept!) are also not enforceable.

Clauses such as maintenance payment or alimony are purely contractual and can be enforced. However, clauses that waive a legal right such as "Wife will not to seek any maintenance in case of divorce" cannot be enforced.

If anybody has good case laws on this please post.

There was a recent judgement by SC where by it gave the woman, who was living with a man for several years, and who was perceived by the neighbours as married couple,  the same rights as a wife. So even though there is no specific law that provides a legal cover for "live in" relationships, depending on circumstances, they can get the same protection as marriage.

1 Like

bhima balla (none)     05 May 2012

Disagree with the notion that a prenuptial contract where either party relinquishes alimony or maintenance as non maintainable. This shall be an important part of the agreement. That eliminates the possibility where one party, who despite being capable, fails to earn and take responsibility for oneself, post divorce. It makes both parties more responsible for their actions! The current regime puts all responsibility on men and none on woman.

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