Upgrad LLM

pre nupital contract / contract marriage

consultant

Is it possible to have a prenupital or contract on paper  in marriage so that u ma7y avoid 498a , dva and 406 etc?


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Medical Value Travel

Theoretically yes but in practice NO because with western marriage pattern cropping into Indian Judicial arbitresses it is bound to fire back by one of the parties to such arrangement. What works is TRUST between two opposite s*x over and above anything else !


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Advocate

Prenuptials are enforceable guidelines ,contrary to popular perceptions it is not only about financials but is much more.  

It is well said that you might love blindly but get into marriage with your eye completely open (Guys I do not mean with popping eyes while looking at your to be)

Prenuptial agreement is more likely to stand up if it meets the following conditions:

 

1. The Agreement should be fair, and duly acknowledged.

2. The Agreement should have attorney certification from both parties as well.

3. The Agreement should have clause stating that if any provision of the agreement is  
     invalidated, the rest of the agreement still remains in effect.

4. There should be listing attached showing each spouse's assets and liabilities.

5. The Agreement should have all the clauses of agreements arrived at between the
     prospective spouses.

6. The Agreement may also contain the necessary history of proposed alliance.

7. The Agreement should be reviewed by separate lawyers and duly certified by them.

8. The Agreement should be setting out each party's assets, debts, and property rights before the marriage, settling issues of division of property and of spousal support in the event of marriage breakdown.

 

 

However the prenuptial agreement may at least check some false prosecutions by unscrupulous

Women, who are misusing Section 498A or Domestic Violence Act of IPC for blackmail and Extortion of money, as well as it will reduce the fraud or honeymoon Marriage by Men.

 

That means, if the both party are genuine, transparent and do not have any pre-planned ill mind, will accept the same before marriage itself.

 

The Prenuptial Agreement cannot counter Section 498A IPC at all, but may reduce the damage

Caused by misuse of the law by Legal Terrorists.

 

Some of those people, who refuse to see dangers and consequences of false 498A or Domestic Violence Act cases and brush aside the truth, thinking nothing is going to happen to them, may find this as cheap insurance policy like medical Insurance, which is not very popular in India.

 



It has got three Modules:   Entry Module, Operations Module, and Separation Module .
A. Entry Module:

Examples of preconditions:
1.HIV tests 
2.Horsoscopematching  
3.Proof of age 
4.Passport copies, getting a passport
5.Proof of educations
6.Trial Period 
7.Mode of calling of the marriage.
8. Expense sharing for preparation of marriage 
9. Expense sharing or compensation incase of calling of the marriage
10.Gift register (setting limits)

B. Operations Module

1.Lifestyle
   Example: How will the various items required for running marital will be bought 
          1. Car (who buys or who rents)
          2.house
          3.Furniture..etc.
          

 What percentage money will each put for common pool also called as marital pool .
How will the common pool be operated (either or both)  
What happens if one person puts from their pool into marital pool is it to be treated as gift or a zero percent loan to the other spouse. 

Example: if a husband becomes unemployed then the wife would put in some money is it to be treated as marital expense or loan to the marital pool) 

 Who gifts what to whom, setting the limit of yearly gift from close relative (for eg:- in first Diwali the girls parent usually gift .Limits can be set on what can be received. ) 

In case of financial despair acceptable sources to tap and the modalities.

2. Definition cruelty: You are setting certain expectations from your spouse here as all the Indian marriages act says mental cruelty depends in the conditions. This gives you a chance to clearly define these are a not acceptable and this are acceptable to some extent, also you can grade it to cruelty, violence and crime.

3. Household chores (cooking, cleaning etc)

4.Child planning (when, how many, where)

5. Define exception conditions (Example if the couple cannot conceive then adoption or surrogate or intravital ) 

6.Rules of staying away ( Transfer ) 

7.Rulesof abortion ( Either or both )

8. Rules of meeting parental obligations ( in-house, in complex etc )  

 

C. Separation module  

Define the alimony ( indexed on wholesale Price index, index on income , limiting alimony based on tax limits etc ).
Define the shared parenting responsibilities ( residence , schooling , clothing , food. Mode of collection of the Childs needs).
Define the rules for division of marital property (Operation module defines how the marital property will be accrued).
Define residential rules for children.

The way to do it is to file for declaration of marriage in the family courts under the "Special Marriage Act" along with your documents, witnesses and the deed of Prenuptial.

That would be treated as your engagement.

Take next date and solemnize in the family court in the next date.

Orders are passed and you are declared married.

With this document get the whole order registered in the Registrar office and you have married with an enforceable prenuptial in courts .

Such a prenuptial is very likely to be enforceable as the courts have married you by accepting the prenuptials.

 

The Prenuptial Agreement cannot counter Section 498A IPC at all, but may reduce the damage

Caused by misuse of the law by Legal Terrorists.

 

Some of those people, who refuse to see dangers and consequences of false 498A or Domestic Violence Act cases and brush aside the truth, thinking nothing is going to happen to them, may find this as cheap insurance policy like medical Insurance, which is not very popular in India.

 

Cheers  !


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Advocate

Sir, I think the above procedure should be enfoceable in Indian Courts of law. But I do not know whether it is acceptable by Courts as of now.   :) I just gave a thought about having the prenuptials enforceable here as it is in Western States.

 
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Student

My Dear Friend Ms.Suchitra S,

Kudos for such wonderful informative and well presented post. Keep up the good work going.

God bless.

Best Regards

Daksh

 
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Advocate

Great idea, but why do we need marriage in the very first place.

Marriage as an institution was developed in earlier times to provide food and security to women, when arranging both food and security was difficult and dangerous. Now it is not needed. Women can earn food and security just like any men.

In such a scenario why do we need marriage at all.


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Student

Dear Mr.Rajesh Kumar,

Kindly enlighten us on what basis you have hypothetically sarcastically and otherwise propounded this theory that "Marriage as an institution was developed in earlier times to provide food and security to women, when arranging both food and security was difficult and dangerous."

Kindly explain

Ms.Suchitra.s,

My sincere apologies and regrets as being dutybound I want to thank thank thank thank thank thank thank thank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thankthank thank thank thank thank thank thank you for such a wonderful post. Keep up the good work going.

God Bless all

 

Best Regards

Daksh


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Advocate

Dont shout, discuss.

When institution of marriage was developed, there was no writing or literature and hence facts is to be infered.

We have no historical proof of any gender war, hence I am infereing that institution of marriage was accepted by both gender, i.e. it was not imposed on women.

Marriage gives some rights to women- first was maintenance. Classic hindu law accept women right to maintenance from coparcenary property. Was there any other right?

There was no restriction on men. They can marry as many women as they wish. Lord Krishna had 16000 wives. In fact they could have asked the women to marry more than one man- draupadi was asked to marry all five brothers. Chastity was expected out of women. Husband's right to kill wife was accepted- Parshurama (an incarnation of Vishnu) killed his mother on order of his father for some violation of chastity....... and I can keep on writing.

I was just thinking why did women accepted such restriction on their life, just for marriage which gives only a right to maintenance........ It can happen only if "maintenance"  or "sustenance of life" was extremely difficult in old days.

When we read historical accounts, even of recent origin- travelling for long distance was almost certain death. Even in recent times when people left for pilgrimage, they leave after doing their shraddh. In todays primitive societies also, 90% of men dies violent death in search of food or security. Such account does show that maintenance was a rare commodities in earlier times.

Hence my inferenece. If if have any counter explanation, kindly let me know.


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Medical Value Travel

I will go in for both views which Suchitra's as well as Rajesh's expressed so well.

One is based on giving advise on purely legal point of view to a question seekers question based and other's is on seeing / experiencing / reading about the sociatal trend "by and large" and in short both views are based on "safety" / "security" / "sustainance" giving to both genders on a longer run based and let us read through these two views in "gender neutral" way.  Why ? bze it will not hurt the readers respective sentiments which is bound to be much debated till the end !

See these two views in a simple way that is:- all living being need "continuation" as that is the way "shrusti" is creted by some omnipresent entity from time and with "quest for continuation" associated evils / vices / trends (what ever u may call that) get tagged bze of changing socio economic / geographical / histological perspective thoughts / way of life and neither could be stopped and only thing that may happen is "self control" with self righteousness. So neither of you are right to be wrong and bound to get comments by and large for and against. So cheer up and kindly donot make it personal.

Rgds.


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Consultant

Both views are correct, actually marriage was mutual agreement betwwen two peoples for the purpose of cohibition and producing childrens, I do not feel that there was some difintion for that, we (Law,)only made different definitions. 

It was not required to marry those do not wanted to cohibitate like Sanyasi and Sadhus,,, our purana and grantha explains about brahamcharis.

but today's time this institution is spoiled by law and legal terrorism and greedy peoples.

So Prenuptial agreement will be necessity in future.

 
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