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PK. (Student)     08 March 2025

Why are prenup agreements not valid in india ?

Given the concerns over the rise in potential misuse of divorce laws, particularly regarding financial fairness for men, don't you think India should consider making prenuptial agreements legally enforceable to ensure fair protection for both parties in the event of a divorce? Is there a viable solution for the same ? 



 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 March 2025

No.  Generally, every person shall adjust to some extent though he is against any issue, like that either spouse shall adjust with the other if it fails leads to some disputes and in extraordinary cases the divorce process starts. So what can we do?

PK. (Student)     09 March 2025

 When there are certain laws and rules being amended and updated in response to the  changes in society, why can't the same happen in these situations?

Many divorce cases suggest that court decisions tend to favor women, regardless of the circumstances. This lead women to feel encouraged to engage in certain behaviors, knowing that the legal system sides with them which has turned into a new trend.

Such decisions overlook the value of a man’s contributions and efforts, as a significant portion of his earnings or assets are awarded to the woman, leaving him with little of what he worked hard for. These situations highlight the importance of prenuptial agreements in ensuring the protection of both parties' rights and interests. 

This also explains the decline in marriage rates among younger generations and the rise in divorce rates. It is essential for judges to approach these cases impartially, considering the perspectives and contributions of both parties, in order to make decisions that uphold fairness and equality for all.

T. Kalaiselvan, Advocate (Advocate)     09 March 2025

If you are so much interested in getting the law amended as what you propose you can file a PIO before supreme court.

PK. (Student)     09 March 2025

Thank you for your suggestion. While I would certainly consider filing a PIL, I believe its effectiveness would depend on a collective interest, as a single individual’s perspective is unlikely to bring about meaningful change and taken into consideration. If and when a collective effort to address this issue emerges, I would be more than happy to join. Furthermore, I don’t think anyone would relish seeing their years of hard work undermined or transferred due to the misuse of laws like these. I genuinely appreciate your input. Thank You.

T. Kalaiselvan, Advocate (Advocate)     09 March 2025

You can gather like minded reformists to support your cause on this and may include them as parties in the poroposed PIL.

PK. (Student)     09 March 2025

Thank you for the suggestion again. I appreciate the idea of involving like-minded reformists in the proposed PIL. While aligning all viewpoints can be a challenge, a collective effort often carries more weight than going it alone. It may or may not work out, but such collaboration could certainly amplify the cause and its impact.


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