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Prenuptial agreement legal for indian marriages
31-Oct-2023 (In Family Law)
I am 28 and working for leading bank in Singapore since last 4 years. My parents want me to get married next year and it will be an arranged marriage. My parents are strictly against the Dowry and they don’t take any. But due to the recent increase in fake dowry and a harassment case under 498A. I was wondering if there is a way to secure oneself from the fake cases. I have heard about prenups here. But not sure if that is valid in India Law. I wanted to know, Is there any way to make sure that a fake 498A case doesn’t screw up your life?
Prenuptial agreement, as the name itself is suggestive, is made before the marriage takes place. It cannot be made subsequent to marriage. It is highly unlikely that your wife and/or her family members will give any written acknowledgment of the expenses incurred by both the families on performing marriage, as by doing so they will foreclose some of their legal rights.
At this stage there is nothing viable that can be done by you. If your wife files a case against you in future you will get an opportunity to contest it on merits. And if you are on the verge of divorce get consent terms drafted by lawyer . the said consent terms must contain clauses regarding return of streedhan, maintenance, alimony, custody of children etc.
At this stage there is nothing viable that can be done by you. If your wife files a case against you in future you will get an opportunity to contest it on merits. And if you are on the verge of divorce get consent terms drafted by lawyer . the said consent terms must contain clauses regarding return of streedhan, maintenance, alimony, custody of children etc.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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