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Foreign marriage with pre-nup during marriage


03-Aug-2024 (In Divorce Law)
If two people marry in US with US laws having pre-nup and apply for divorce in India, will the Hindu marriage act apply or special marriage act will apply? Will pre-nup made outside India during marriage will that be considered during divorce in India?
Answers (2)

Answer #1
976 votes
No, pre-nuptial agreements are not legally enforceable in India. They are relatively uncommon in the country as they often run counter to traditional Indian customs and perspectives on marriage that is based on the personal laws based on which marriages are performed in India. however there are exceptions depending on the facts of the case.
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Answer #2
659 votes
If one of them is a citizen of Indian then you can file suit for divorce in Indian jurisdiction. HMA or SMA depends on your religions !
You need to hire expert advocate in this regard
Kindly b in touch
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