Need opinion or advice from experts

1. The woman is still legally married, as no divorce has been obtained from her first husband. Without a valid divorce, any new marriage will be considered illegal under Indian law, leading to potential charges of bigamy. The first step must be to file for and finalize a divorce.

2. Indian law does not formally recognize pre-nuptial agreements, but such agreements can still be drafted. They may hold evidentiary value in court to reflect mutual consent and expectations, but they cannot override statutory rights, especially regarding maintenance or children’s welfare.

3. The male’s concerns can be addressed in the agreement as follows:

   • He can state that he will have no financial or other responsibilities towards the woman’s son from her first marriage. However, the child cannot legally claim maintenance from the male unless adopted.
   • A clause can mention that the couple does not intend to have children and that he will not bear responsibility for any future children. However, this may be legally unenforceable if disputes arise.
   • The agreement can specify that the woman will not claim rights over the male’s property or assets, either during the marriage or in case of separation. Still, under Section 125 of the CrPC, a court may order maintenance if the wife is unable to support herself.
   • A general clause can state that the male will not bear any burdens arising from the woman’s past marriage, family, or health issues.

4. For a court marriage in Mumbai under the Special Marriage Act, 1954, the couple must:

   • File a Notice of Intended Marriage at the marriage registrar’s office where either party has resided for at least 30 days.
   • Submit proof of identity, address, and date of birth for both parties, along with an affidavit about marital status and nationality.
   • Wait for the 30-day objection period to pass without any objections.
   • Appear with three witnesses for the marriage and registration.

5. The woman must provide proof of divorce before filing for the court marriage. Without this, the marriage cannot be legally registered.

6. Both parties should consider pre-marital counseling to align expectations and address the male’s concerns about potential responsibilities. This can help foster a better understanding of the partnership.

7. The male’s demands seem highly one-sided. While it’s fair to want clarity and boundaries, marriage involves shared challenges and responsibilities. Both should ensure that the agreement is mutual and realistic to avoid future disputes.

8. The woman must prioritize finalizing her divorce before proceeding with any marriage plans or agreements. 

i mean this sounds like a complex issue but i really hope this answers some of your questions .  

Any agreement toward pre nuptial conditions will not be vaid because there is no provision in law to recognise them as legally valid.

Second and most important thing is that she still remains married to her husband hence her fresh marriage without dissolving the existing marriage is invalid and will be considered as an act of bigamy and punishable under criminal law.

Okay the guy says he doesnt know anything much about female as she has told him that his family cannot enquire much about her in her building and all otherwise she hasnt told about her seperation to anyone in the society otherwise her name shall get spoilt due to the word of seperation and all.

2nd thing her parents expired during covid. Her 2 brothers live seperatly with their family n kids. Now she stays alone in her parents house after getting punished multiple times by her ex husband. The son lives with her husband and is now 23 yrs old and studying.

Also she told the guy that 7 years seperation is automatically counted as divorce in the court of law. So she says to the guy court shall never ask for a divorce certificate at all as 7 yrs seperation is considered as divorce as she left her exhusband's home in December 2017 and still staying alone. 

Also by hearing her entire sad story, the new guy eventually got engaged in front of his entire family with all his elders present to her in November 2024. But hasnt got married yet and after things started coming out via some sweet talks slowly slowly guy was shocked and then thought to get an agreement done rather then any unwanted consequences to be happening in future in his life.

The guys family or the guy still hasnt done any kind of enquiry about the female as he doesnt want to get her name ruined since she stays alone in her society.

So still need some pointers as to where should the guy start from where exactly and how should he proceed to make his life better and if the female is really genuine then how to protect her also.

Whether the female is genuine or not, the proposed marriage with her at the stage where she still remains legally married to her husband is invalid and the person who is desirous of marrying her despite aware of her marital status as married will also be held liable for the commission of offence under bigamy, the punishment for which is 7 years or more.

If you sympathise her and proceed with the proposed marriage there will be nobody to feel sympathy on you when you you will get into big trouble in future in this connection.

Better think it over properly and take wise decision at right time.

Ok can the guy stay in live in relationship then without marrying her. Would there be any problems in that according to law. Will she still be liable for the new guys property and her son's responsibility  on the new guy if she stays in live in relationship. Let me know that what does law says for that too.

Yes, he can stay with her under the live-in arrangement, there can be no legal problem for that. 

In this since she still remains legally wedded to her original husband, any claim for maintenance or property shall be confined to him alone and not against the live in partner.

Can an agreement be made under live in relationship about financial responsibilities and all on basis of mutual understanding between both partners. If yes then who makes such agreement.  Are there any lawyers who know what to draft exactly and how much do they charge and how much time it takes for them?

Any agreement made in this regard may not be authentic in legal terms even if it is executed by a registered deed.

If at all she or you breach the agreement and either suffer fiscal loss then the aggrieved person may sue the other by filing a suit for recovery and in that event this deed may be used as evidence but the conditions of the deed cannot be enforced through court of law even under law of specific relief act.

  If at all she or you breach the agreement and either suffer fiscal loss then the aggrieved person may sue the other by filing a suit for recovery and in that event this deed may be used as evidence but the conditions of the deed cannot be enforced through court of law even under law of specific relief act. block blast free.

Live-in relationship is the only and best option.

Thank you for sharing your query. It’s important to note that while creating an agreement to address concerns in a marriage is possible, certain aspects may need careful consideration:

1. Child and Family Obligations: The male can protect himself from any future responsibility towards the female's son or any future children by including clear terms regarding financial or emotional obligations. However, child maintenance laws could still apply if the child’s welfare is at stake.

2. Property and Assets: Both parties can mutually agree in writing that the female will not claim any property or assets from the male. However, it’s important to note that any assets acquired during the marriage, especially if co-owned, may have legal implications.

3. Health and Past Relationships: While an agreement can stipulate that the male is not responsible for past issues, it is advisable to consult with a legal expert regarding enforceability, as some past liabilities or health matters may be outside the scope of an agreement.

4. Court Marriage Procedure: For court marriage in Mumbai, both individuals will need to file a marriage application under the Special Marriage Act, 1954, and meet specific criteria such as age, mental capacity, and free consent. The process typically takes a few weeks after application submission.

It would be best to consult a lawyer who can draft a comprehensive agreement that addresses these points legally. Please share your contact details, and I’d be happy to assist further. You can also reach me at anshu@lawfinitysolutions.com.

Good time pass