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AJ Agarwal (Self)     05 December 2010

Pre-nupital agreement / Pre-marriage

1. since CONTRACT marriage is not permissible in INDIA, is a pre-nupital agreement valid in INDIA ? Does this pre-nupital agreement need to be registered ?

 1B. What all is legally permissible to write / agree in a pre-nupital agreement ?

 2. what are the provisions either in the Special marriages act, or Hindu marriage act, whereby either party (husband or wife or jointly) can seek EASIER dissolution of marriage ?

 3. which is better from this angle (i.e. EASIER dissolution) - Special marriages Act or Hindu Marraige act ?

 4. What are the other LEGAL provisions whereby a man & woman can live as husband & wife (though NOT married as per either Hindu marriage act or speacial marriage act)  ?



 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 December 2010

Amongst the hindus marriage is a holy tie between male man and woman.  It should not be degraded.We indians will give more vlaue for the marriage.

Contract marriage is in Mohd.,

Both the acts have got certain procedure to follow to get divorce, there is no easy divorce.

Avnish Kaur (Consultant)     05 December 2010

PLEASE GIVE LEGAL ADVICE NOT SACRAMENTAL OR emotional.

AJ Agarwal (Self)     05 December 2010

ref. adv. rajeev (rajoo) ji : Therefore, if there is no difference in getting divorce beween the 2 acts  - Hindu Marriage Act,  & speacial marriages act - then why these 2 different acts are there please ?

Can you elaborate on the salient differences between these two acts ?

G. ARAVINTHAN (Legal Consultant / Solicitor)     05 December 2010

If husband and wife, belong to Hindu religion, then the marriage comes under Hindu marriage Act, so divorce can be granted under Hindu Marriage Act.

If husband and wife follow different religion before marriage, Then Special Marriage Act.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 January 2011

In this age of egoism where wifes and her family use to dominate innocent husbands pre-nupitial agreement is must.

Let the party chanllegne it in the court.

Jamai Of Law (propra)     29 January 2011

Even if male and female are hindus, and if they choose not to get wedded as per hindu customs and rights and 7-steps ceremony etc etc, they can tie the knot in court (civil form of marriage), ....

 

If two hindus and indian citizen even though they get married abroad and while domiciled away from India, then also they can register their marriage vide special marriage act in India.

 

 


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