Prenup Not Legally Enforceable In India, Says Court: What Is Prenup & Why Is It Not Valid In India?

The Family Court, in a particular case, has accepted that even though a pre-nuptial agreement is not legally enforceable in India yet it could be considered just to understand the intention of the parties.

Granting divorce to a 53-year-old man who lived with his wife only for 33 days after they married in 2016, the court observed that since the parties were middle-aged, they therefore anticipated few things and agreed to separate mutually.

What is the case about?

The man had sought dissolution of marriage on the grounds of cruelty. The judge said, ¡°The agreement shows the parties agreed to enter into partnership and it was not a relation till last breath. This was the foundation of relation.¡±

The man told the court that after the divorce with his first wife, he met the woman online in 2009 and subsequently got in touch with each other again in 2012. Between 2012 and 2013, he lost his father and younger brother and became emotionally disturbed.

IANS

The man said that the woman emotionally blackmailed him into marriage by stating that primary reason for her mother¡¯s sickness was the fact that she was not getting married.

He added that despite his protests and emotional health, the woman¡¯s mother pressured him and they got married in July 2016. They separated in September that year.

What is a prenup?

A Prenup or a prenuptial agreement is an agreement made by a couple before they marry concerning the ownership of their respective assets should the marriage fail.

It is a written contract that commonly includes provisions for division of property, guardianship rights and spousal support in the event of divorce or breakup of marriage.

A Prenuptial agreement/ KMJ Solicitors

In it, both husband and wife state their assets, liabilities, insurance, and other financial aspects. They also specify the share and maintenance a wife would get in case of divorce.

Why is a prenup not legal in India?

Prenuptial agreements are prevalent in countries such as the US, Australia and Netherlands.

A prenup is not legally recognised in India since the law doesn't consider marriage as a contract. In fact, in India, there are Supreme Court rulings that say any contract which has marriage as an object is null and void.

Around 2016, Maneka Gandhi, the then minister for women and child development had recommended making prenuptial agreements mandatory before marriage since women from low socio-economic backgrounds often end up having to fight endless battles over alimony, marital ownership of property and assets during divorce.

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