Hardik-Natasa Alleged Divorce: How Indian Law Handles Prenups? Is It Allowed In India?
Rumours are swirling about the potential divorce between Indian cricketer Hardik Pandya and Serbian model Natasa Stankovic. Reports suggest that Natasa may seek 70% of Pandya's assets as part of the settlement. However, neither Pandya nor Stankovic have confirmed these rumours or commented on the settlement details. This high-profile case has sparked interest in the legal status of prenuptial agreements in India. Unlike in many Western countries, where prenups are common and legally binding, the situation is different in India.
Hardik-Natasa Divorce Rumours: Can Indian Couples Have Prenups?
Yes, an Indian couple can have prenuptial agreements, but there are several important considerations and limitations to be aware of:
- Legal Status: Prenuptial agreements (prenups) are not explicitly recognised under Indian law. The Indian legal system does not have specific statutes governing prenups, unlike in some Western countries. However, they are not outright illegal either. They can be considered contracts and evaluated under the Indian Contract Act, 1872.
- Enforceability: The enforceability of prenuptial agreements in India is uncertain. Indian courts have not consistently upheld prenups, and their acceptance largely depends on the circumstances and the content of the agreement. The courts might consider them on a case-by-case basis, evaluating factors such as fairness, voluntariness, and whether the terms are just and reasonable.
- Custom and Religion: Marital laws in India are deeply intertwined with religious customs. Different religions have their own personal laws governing marriage and divorce (e.g., Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, etc.). A prenuptial agreement must not violate these personal laws.
- Public Policy: Indian courts may refuse to enforce prenuptial agreements if they are deemed contrary to public policy. For instance, any clause that seeks to penalise a party for seeking divorce might be seen as against the public interest.
- Contents of the Agreement: To increase the chances of enforceability, a prenuptial agreement should be fair, transparent, and entered into with the full consent of both parties. It should include full disclosure of assets and liabilities, and both parties should have independent legal advice. Provisions related to property division, financial responsibilities, and maintenance could be included, but clauses that affect custody of children or restrict personal freedoms might not be upheld.
- Judicial Precedent: There are few judicial precedents in India regarding prenuptial agreements. The attitude of the judiciary towards these agreements is evolving, and future judgements may provide more clarity.
Given the current legal landscape, it is advisable for couples considering a prenuptial agreement in India to consult with legal experts who are familiar with family law and contract law. They can provide guidance on drafting an agreement that has a better chance of being considered valid and enforceable by Indian courts.
Rumours are circulating that, as part of the divorce settlement, Hardik Pandya may be required to transfer 70% of his assets to Natasa Stankovic. However, there seems to be a new twist in the ongoing rumors about Hardik Pandya's divorce proceedings.
A video from a past interview, where Pandya mentions that every property belonging to him, his brother, and his father has another stakeholder, his mother, is now making the rounds on social media.
According to Pandya's statement in the video, even if he were to get divorced, only half of the property (half of the 70% to be given as alimony) would go to Natasa Stankovic, as the other half is owned by his mother.
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