PRE NUPITAL CONTRACT / CONTRACT MARRIAGE

MR RAJESH,

WHAT I SHALL SAY MORE, I FEEL YOUR EVERY WORDS COMING OUT FROM MY HEART AND SOUL.

MS KAUR,

THANKS FOR STARTING SUCH A WISE THREAD.

THANKS TO EVERY PERTICIPENT OF THIS THREAD.

ACTUALLY WE NEED NOT THE MARRIAGE SYSTEM ANY MORE.

THE MARRIAGE SYSTEM INTRODUCED INTO OUR SOCIETY TO DETERMINE FATHER OF A PERTICULAR PERSON, FOR THE PRACTICAL PURPOSE OF FEEDING OF A CHILD AND TO DETERMINE THE SUCCESSOR OF A DECASED. THE PRIMARY SOCIETY FOLLOWED THE 'NO ACCESS THEORY' FOR DETERMINING THE FATHERHOOD OF A PERSON.

THE BASE WAS - IF A PERSON HAS NO ACCESS TO A PERTICULAR WOMAN, THEN HER CHILD CAN NOT BE THE ISSUE OF THAT PERSON.

FOR AN ORDINARY MAN IT WAS OK,  BUT CLEAVER, CUNNING, SHRUDE PERSOS TACTFULLY OVERCOME THIS BARIER. THESE DISPUTES WAS GOING ON SINCE THE MARRIAGE SYSTEM WAS INTRODUCED IN SOCIETY.

BUT NOW RESEARCH AND DEVELOPMENT OVERCOME THIS.

NOW WE HAVE DNA TEST TO DETERMINE THE FATHER. 

THEREFORE, MARRIAGE HAS LOST ITS OLD IMPORTENCE AND NECESSITY.

NOW MARRIAGE IS AN UNNECESSARY BURDAIN TO A MAN;

LONG LIVE - LIVE IN.

MR ND TIWARY ADVICED FOR DNA TEST BY THE COURT,TO DETERMINE THE PETERNITY OF THE CLAIMENT PERSON, AS BIO LOGICAL SON OF MR ND TIWARY.

MARRIAGE IS NOTHING BUT A - 'PETERNITY DETERMINATION SYSTEM'.

agree fully with arup jis views. i am spellbound by suchitras reply and also thanks to author for starting such a thought provoking and intelligent thread which is more so relevant in present times. also see link for history of marriage and definitions

https://en.wikipedia.org/wiki/Marriage

dear suchitra ma'am,

i am very much amazed by the way that you have shed light on this truly controversial matter.

ma'am, if possible for you, can i request you to please read my post and give me a piece of good advice. i am in a very tight situation. my post are

(a) pls help me out in this tricky situation

(b) dear advocates, "pls help me out in this tricky situation"

Hats Off to Adv Suchitra ji,

India should follow prenups on the pattern chalked out by adv suchitra ji.

It will do a a justice to many females actually....and they would be saved arbitrary decisions of courts and husband would be saved from 498a harrasements also.

Everything gets fair and clear from outset....!!

If such a kind of pe-nup is really undertaken then.................................. wives are really empowered from day ONE!!!

On the day of marriage only............................................... all their worries are resolved and husbands would have to declare all assets etc.............. and declare the share to wives on the first day of marriage only!! GOOOD!!

If any husband says during prenup that 'You have to sign and agree that you will get only peanuts if we break-up in future!!! .....................then Who would marry to such a kind of funny husband (rather a moron) in the first place!!!"

But some of the posts here have cast serious doubts over legal validity of this contract paper if any trouble arises afterwards. For the bennefit of fellows, plz enlighten if such a contract can have some legal protection at the time of need.

What more doc required to cover 498A case too.

If a couple agrees for live in relation, can some guidelines be suggested here in this post to safegaurd against future DV misuse etc?

Contract should be fair to both parties without compromising any legal rights of either person .................. otherwise it's illegal ..............

Clauses against/in referenes to ............498a and DV....such as "if such occurance errupts in future then.....". etc etc ...this kind of wording of clauses itself would make it invalid as it is not fair to one party and compromises that party ........and as it would infring the right of one party to seek for justice.

But pre-nups should be welcome and it would bring transparency.

PRENUPITALS must have

1. NAME ,AGE, SEX , PLACE OF RESIDENCE, MARITAL STATUS/ MARITAL HISTORY,DOB, QUALIFICATIONS , EARNINGS , ASSETS OF EACH SPOUSE ON AFFIDAVIT

2.RESPONSIBILTY OF EACH SPOUSE IN DAY TODAY LIFE

3. ALIMONY AND ASSET DISTRIBUTION IN CASE OF SEPARATION.

4. TO SEPARATE IMMEDIATELY IN CASE OF ANY DV, CRUELTY

5.NAME OF NEUTRAL MEDIATORS IN CASE OF DISPUTE

Add;

6. It is beneficial to Register prenups under Special Marriage Act !
Reasoning: Well under current dozen Family Laws based on India’s various 'religious groups' only Special Marriage Act gives validity to those parties who falls under the ambit  of this Act to effective upon their prenups and for rest religious parties wait till Uniform Civil Code gets enacted.

prenupitals can solve a lot of problems .
 

YES ABSOLUTELY RIGHT MS KAUR, - prenupitals can solve a lot of problems .