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Pre nuptial agreement and 498a .

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved 
With the strong misuse of 498A in the current scenario even if the male is innocent at times. Is their any way where a person can have any kind of safe guard like a Pre Nuptial Agreement before the marriage or will he be always punished and exhorted money even if he is innocent.
ajay sethi (Expert) 08 January 2012
as per hindu law marriage is a sacrement not a contract . as such pre nuptiial agreement are not valid in india .
Devajyoti Barman (Expert) 08 January 2012
Yes , pre nupital agreement has no recognistion or validity in India.
The misuse does not mean the very nature of marriage could be changed.
There are various methods of protections from such misuse.
Rajeev Kumar (Expert) 08 January 2012
Yes pre nupital agreement is not valid in hindu law. For your sake you cann't chage the very nature of hindu marriage.
Sanjeev (Expert) 08 January 2012
unfortunately no defence available from 498A filing. This can be exercised by a wife.
Sailesh Kumar Shah (Expert) 08 January 2012
There is no concept in INDIA about Pre nuptial agreement.
prabhakar singh (Expert) 08 January 2012
no more to say.
Raj Kumar Makkad (Expert) 08 January 2012
I think the author has tasted the 'swaad' of misuse of this section.

Misuse can be stopped but once a wrong direction of Hindu Marriage system is adopted then it cannot be cured at any time. already Hindus are facing various social problems and if this sacred system is polluted, the whole society shall collapsed and its consequences shall have to be faced by whole world.

Om Shanti is chanted only by this society in the world which is most important for the existence of humanity.

Do not invite bigger problem for the eradication of a smaller problem.
Kiran Kumar (Expert) 08 January 2012
Pre-nupital agreement to seek exemption from criminal liability is not valid in India....marriage certainly is not a contract in India espacially among Hindus....its really unfortunate that there has been a misuse of such laws through out the country....but certainly your proposition of prenupital agreement is not sustainable.


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