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A prenuptial agreement is a doctrine that has a western origin but it is rapidly gaining popularity in India too. The agreement can be seen as a precautionary measure opted by both parties to protect their assets.
It is an agreement that States the financial liabilities of both houses after their death, divorce, or separation. A prenup is a contract that mentions the exact proportion of assets, property, and money each spouse will get if the wedding gets dissolved
In India, the concept of prenuptial agreement seems like an alien notion. According to the Hindu Marriage Act, 1955, the term marriage gets the definition of a religious sacrament in which a man and a woman are bound in a permanent relationship for the physical, social and spiritual needs of dharma, procreation, and sexual pleasure. Thus, an agreement like a prenup is legally invalid.
In Mohammedan Law, the negotiation of a mahr provision is defined as a sum that becomes payable by the husband to the wife on marriage, either by an agreement between the parties or by operation of law. This is somewhat similar to a prenuptial agreement. Thus, the contract will be valid and enforceable in Mohammedan law.
In the case of Bhagwati Saran Singh vs. Parmeshwari Mandar Singh, the Hon'ble Allahabad High Court stated that in addition to being a sacrament, a marriage is a civil contract entered into between two parties.
If marriage can come under the ambit of a civil contract, then a prenup agreement can get legal recognition. However, the Supreme Court has mentioned that the object of a contract cannot be marriage.
The Hon'ble High Court allowed the prenuptial agreement for asset split in the case of Sunita Devendra Deshprabhu vs Sita Devendra Deshprabhu. A prenuptial agreement has been evaluated by the courts throughout divorce proceedings to determine the intentions of the spouses at the time of marriage.
The prenuptial agreement aided the court in learning about marital behavior before implementing the agreements. However, it would be incorrect to state that prenuptial agreements are legally binding in India.
For a more detailed understanding, refer to the" Sunita Devendra Deshprabhu and Ors. Vs. Sitadevi Deshprabhu and Ors." case study by clicking the case below.