Prenuptial agreement
bhima balla
(Querist) 05 May 2012
This query is : Resolved
Dear experts,
Are prenuptial agreements valid in India? Any precedents and/or judgements for or against such agreements acceptable in courts are appreciated.Thanks!
ashutosh mishra
(Expert) 05 May 2012
In India, prenuptial agreements are not governed by the Indian marriage laws, but by the existing contract laws.
Under Section 10 of the Indian Contracts Act,prenuptial agreements have as much sanctity as any other contract, oral or written; just because litigation has not begun in this area does not mean that it has to be treated any differently, and that it cannot be enforced.
Courts do take cognisance of a prenuptial agreement if both parties have mutually agreed, are competent to contract, and the prenuptial agreement clearly states the fair division of property, personal possessions and financial assets of the parties.
A big advantage of a prenup is that it forces couples to have that all-important financial discussion before marriage.
Issues that can be efficiently dealt with in a prenup range from divorce settlements, if the case arises, and the prevention of disputes regarding joint accounts to the custody issues of the children after the dissolution of a marriage. “Another important benefit of the prenup is that it offers protection from the spouse’s debts, if any.
For couples about to take the plunge, it is perhaps wiser to go in for a prenuptial agreement that clearly outlines a fair division of property, personal possessions and financial assets, than fight over a favourite piece of furniture or pet in the process of dissolving the marriage.
Almost 20 per cent of marriages that take place in the metros, especially in Mumbai and Delhi, involve some form of prenup.
The problem, however, is that Indian courts have not totally recognised the validity of prenuptial agreements.
bhima balla
(Querist) 05 May 2012
Is there a single case where prenuptial contract has been enforced by the Indian courts?
ashutosh mishra
(Expert) 05 May 2012
Razia Begum vs Sahebzadi Anwar Begum & Others on 23 May, 1958
persons acquainted with the Prince; that there was a prenuptial agreement, whereby the Prince agreed ... without any reasons and in contravention of the said agreement. On these allegations, she asked for the following two declarations
adv. rajeev ( rajoo )
(Expert) 05 May 2012
Thanks to Ashuthosh MIshra for giving details about prenuptial agreement
bhima balla
(Querist) 05 May 2012
Thanks Ashutoshji, However, I am at a loss to see how this case impacts on the query. Appreciate your kind inputs.Thanks!
ajay sethi
(Expert) 05 May 2012
ashutosh misra has explainted the query well well . it is governed by existing contract act .
however please note that in india marriage is sacrement not a contract .
unable to find any judgements wherein courts have upheld validity of prenuptials
R.K Nanda
(Expert) 05 May 2012
I agree with expert Shri.Sethi.
bhima balla
(Querist) 05 May 2012
From the above reply by the experts can I summarise as follows?
1) Prenuptial agreement/ contracts have no validity in Indian context.
2) There has been no cases where this was invoked as yet.
3) If such an agreement is made-although it is valid under contract law-is still invalid because marriage in India is not considered a contract.
I sincerely thank all the experts for their replies.
Shonee Kapoor
(Expert) 06 May 2012
Prenups have no validity in India for Hindu Marriage.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
