Community › Forums › Legal Advice India › What’s is the consequences of having a pre-nuptial agreement system in India?
- This topic has 10 replies, 9 voices, and was last updated 1 year, 4 months ago by
Smartshailesh3822.
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UUser_ab2cfc3e
PARTICIPANT
February 24, 2025 at 12:40 pmWe all know of the recent tragic events, such as the suicides of Bengaluru techie Atul Subhash and Delhi cafΓ© owner Puneet Khurana, both reportedly linked to marital disputes and alleged harassment, it’s crucial to examine how introducing a prenuptial agreement system in India might influence marital relationships and legal proceedings. I know in India we consider it as scared union(sacred I mean), however why can’t we extend it to all marriages like they have already done in Goa. -
PPrimestar9599
PARTICIPANT
February 24, 2025 at 12:45 pmBecause the woke-feminist lobby are the puppet masters of Indian judges. -
SSmartshailesh3822
PARTICIPANT
February 24, 2025 at 12:54 pmMarriages in India still happen according to the demands of the groom, so a prenup will not hold good because the groom family can simply ask the bride’s family to sign to whatever they write.While the cases you’ve mentioned are sad and need reforms quickly but more women than men face marital problems. So even in the reforms the law will be tilted towards women.
The cases you hear of fake dv and 489a are mostly from urban areas hence catch the news quickly but the majority of the population still lives in villages.
What courts can do however is fast track the cases so the innocent doesn’t have to suffer the cruel judicial process for a long time.
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UUser_ab2cfc3e
OP
February 24, 2025 at 1:07 pmYou make some valid points about the power imbalance in traditional marriages, where prenups can be manipulated if one side holds more influence, and while reforms are needed to address marital issues-especially those affecting women-any legal change must be fair to both spouses.It’s also important to note that although urban cases tend to receive more media attention, many rural communities face similar challenges, so reforms should be inclusive.
How about having a standard govt agreement where there are clauses suggesting – minimum alimony to be shared and also if both spouses are working, the alimony would be null and void and both spouses will have to equally contribute for the kids needs keeping a threshold amount .
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SSmartshailesh3822
PARTICIPANT
February 24, 2025 at 1:11 pmIndia does have minimum alimony bro, it’s 1/3rd and further reduced if the guy has other responsibilities.
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UUser_0f7fc2cd
PARTICIPANT
February 24, 2025 at 1:04 pmNot a lawyer, but I saw the whole video. A pre-nuptial agreement would not have saved him. The wife files cases of murder, domestic violence, unnatural sex and dowry against him and his family. He was made to pay a heavy amount of maintenance towards his son and called to Jaunpur for repeated hearings. A pre-nuptial agreement does not give you the licence to commit the crimes he and his family were accused of. The wife can still make such allegations. -
UUser_3e407afd
PARTICIPANT
February 24, 2025 at 1:24 pmIn rural areas women are still uneducated and housewives. So they need alimony when husband did anything wrong.I am all for equality and all. Wife expecting same quality life as husbands home when shes also earning individual, this is bullshit imo
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HHappyshark11
PARTICIPANT
February 24, 2025 at 1:43 pmIn India pre-nuptial agreement cannot be brought in till the time marriages happen as per the religion specific personal laws i.e. Hindu law, Sharia, Christian law etc. According to these laws marriage is considered sacred (rules for marriage originate from the religious scriptures) and not contractual in nature. Hence, no contract can govern a marriage under the present system. Pre-nuptial agreements can only happen if Uniform Civil Code is enacted.However, Goa is governed by the Portuguese Civil Code (Uniform Civil Code) and hence, for Goans it is permissible to have a pre-nuptial agreement.
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SSwiftkomal6987
PARTICIPANT
February 24, 2025 at 1:47 pmShifting to Goa….. ποΈ
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UUser_04997cfd
PARTICIPANT
February 24, 2025 at 4:34 pmContract marriages require several socio-economic and political system support like West! Indians should have looted the world for few centuries, kept the remaining non Indian subjects as slaves for centuries, deny the identities of rest of the world, keep pushing Indian culture, language, traditions in the others throats, change their legal system in line with our social-religious valuesβ¦.then you can talk about all these fancy western idiotic stuff in our social lives. Because their societies are built on these fundamentals of exploiting rest of the globe and at the cost of others shouldering their pains and problems. You can just take the end results alone if Indians want to pursue Western line of living. -
SSilentknight5363
PARTICIPANT
February 25, 2025 at 12:46 amThis is not true. Prenups are already legal and valid for Christian and Muslim marriages.
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