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(Guest)

Pre/post nup agreement

Hi All,

Is pre and post nuptual agreements valid in India, if so which one is better as a fail safe incase of breakup.

Thanks All



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 3 Replies

Vijay Raj Mahajan (Advocate)     23 March 2016

Although there is no legal sanction to the pre or post Nuptial agreement however there is great need for the same now in the Indian society as the false dowry and financial harassment cases have increased where both parties taking advantage according to the situation.

The provision for such agreement in the matrimonial laws has to be brought about to make it pre-condition for valid marriage.

Even at present situation the parties should follow up and come to such agreement between them to keep the issue of the dowry and financial aspect out of the other matrimonial disputes between them and even fix terms and conditions the financial liabilities between them if there is break of their marriage anytime in future.

dr g balakrishnan (advocate/counsel supreme court)     23 March 2016

if you des[pice dowries as a groom your wife woud not resort to any bad things provided you are a meaningful person. there is no such law as pre nuptial or  pst nuptial agreents inindia pl, no need at all when society becomes culturally meaningful why you want state to interfere in the most private life of you friend.

ANAMIKA VICHARE (LAWYER)     24 March 2016

I agree with Shri Vijay Raj.  Though Hindu Marriage is not a contarct and is a sacred bond.    Such agreements made between the parties prior to and post marriage would certainly remove anamolies and ambiguities in the matrimonial life transactions [esp finance] and it would be worthwhile to enter  into such contracts so as to make the clear things oncea nd for all.   It isa beneficial nd advisable.   Though there is no legal sanction but the parties intentions come on record from which many things can be gathered and inferences can be drawn easily.

 


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