Anonymous Victim (Others) 05 February 2011

Post Nupital Agreement especially for Child custody

I'm seeking your advise on the topic of post nupital agreement and its validity in India generally and specifically about its legality in child custody matters.

We are married for 4+yrs now and have been blessed with a daughter (4+yrs old). My wife has a history of raking up some worthless issue and going to her place every 6 months and after 3-5 months will plead to join me saying she did a mistake. This has been a very regular feature ever since we were married. She used to have my daughter every such time.

Having my daughter near me for 6 months and being separated from her for the next 3-5 months regularly have caused me undue stress affecting me mentally. This time I told my wife she can join me only if we have a legally binding agreement, wherein even if she breaks or divorces me for any reason, I get the rights for custody of my daughter. My wife has agreed for this. Now if I draft a post nupital agreement for this will it hold good in court?

Request your advice on this matter and also a kind reference to a reliable family lawyer in Bangalore for the same. Thanks in advance.

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 05 February 2011

@ Author

1. In my understanding of the concept of nuptial Agreements and its effects pre and post with reference to Indian Family laws, I donot know if POST nuptials are also some kind of funda in married couples anywhere in the world. Means pre-nuptials is in thing overseas and couples feel safe having security of one such Agreements. But its legal application in India is still doubtful and may be in need of experimentations (as in precedent) in support with some good legal brains further discussion on this topic. Also I feel pre-nuptials can be executed as in effected upon in those Indian Couples who are eligible for marriage under Special Marriage Laws which is a Central specific Act and may not be applicable under Muslim and or Hindu Marriage Laws. I am open to further tweakign on this claim by subject experts. This is just my opinion and I am investing time to further study the same in Indian context.
2. Coming to issue in hand as in your briefs. I see post pregnancy blues (closest layman’s definition is depression) symptoms in your wife which is basically due to ‘desire for extended security a sense of feeling’ needs of wife, which is a manageable medical condition if attended to in time. You need extra precautions and safety of counseling as in jointly with your wife and nothing wrong in taking such steps with wife to retain harmony.
3. Since your briefs is one sided and no issues as in grave in nature expressed which colly. hints as of a (major) breakup of a family it is suggested to approach for joint counseling over extended period of time. The main question thus asked is not going to work as in legally leave aside the pre-nuptials is my opinion.
4. Remember a wife living with ironed out few minor adjustments at home (as in ironed out differences periodically) by a husband is much cheaper to maintain then she living in her mom’s home given to understand the backlog of Family Law cases around, moreover when a child is also there of the same couple retain the wife giving her security.

1 Like

Anonymous Victim (Others) 06 February 2011

Dear Member, thanks for your kind advice. I have actually tried that option some 1.5yrs back. The counselling comments were like "Inspite of she doing this regularly to you, you have supported her positively, please continue doing so."

I'm really not sure how to move...