What’s is the consequences of having a pre-nuptial agreement system in India?

Community Forums Legal Advice India What’s is the consequences of having a pre-nuptial agreement system in India?

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    • #47764 Reply
      User_ab2cfc3e
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        User_ab2cfc3e
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        February 24, 2025 at 12:40 pm
        We 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.

      • #47771 Reply
        Primestar9599
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          Primestar9599
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          February 24, 2025 at 12:45 pm
          Because the woke-feminist lobby are the puppet masters of Indian judges.

        • #47770 Reply
          Smartshailesh3822
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            Smartshailesh3822
            PARTICIPANT
            February 24, 2025 at 12:54 pm
            Marriages 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.

            • #47773 Reply
              User_ab2cfc3e
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                U
                User_ab2cfc3e
                OP
                February 24, 2025 at 1:07 pm
                You 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 .

                • #47774 Reply
                  Smartshailesh3822
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                    Smartshailesh3822
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                    February 24, 2025 at 1:11 pm
                    India does have minimum alimony bro, it’s 1/3rd and further reduced if the guy has other responsibilities.

              • #47769 Reply
                User_0f7fc2cd
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                  User_0f7fc2cd
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                  February 24, 2025 at 1:04 pm
                  Not 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.

                • #47768 Reply
                  User_3e407afd
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                    User_3e407afd
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                    February 24, 2025 at 1:24 pm
                    In 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

                  • #47767 Reply
                    Happyshark11
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                      Happyshark11
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                      February 24, 2025 at 1:43 pm
                      In 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.

                      • #47772 Reply
                        Swiftkomal6987
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                          Swiftkomal6987
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                          February 24, 2025 at 1:47 pm
                          Shifting to Goa….. πŸ›οΈ

                      • #47766 Reply
                        User_04997cfd
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                          U
                          User_04997cfd
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                          February 24, 2025 at 4:34 pm
                          Contract 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 values….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.

                        • #47765 Reply
                          Silentknight5363
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                            Silentknight5363
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                            February 25, 2025 at 12:46 am
                            This is not true. Prenups are already legal and valid for Christian and Muslim marriages.

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