Wednesday, 16 September 2015


    MINISTRY OF WOMEN AND CHILD DEVELOPMENT working on prenuptial agreement. Most of us not familiar with such agreement.

    Here are few important points :

  1. Prenuptial agreement is contract between two individuals before marriage.

  2. In India prenuptial agreement neither legal nor valid.

  3. In India courts consider such agreement only when divorce granted in 13B. 

  4. Govt of India need to change matrimonial Law to make prenuptial agreement possible.

    Such agreement can be very useful when it is not biased, specially when agreement is done by individuals after considering their rights. Here as a Men I don't have any right in matrimonial Dispute, even most people don't even know the legal aspects of marriage, therefore such agreements will be nothing more then a blunder.

    As per discussion on various leading channel the motive comes-out behind prenuptial is to provide easy maintenance to women. Today to get maintenance women has to prove in court that she was not at fault. She has to prove the fault by husband. After prenuptial it doesn't matter if she is at fault or he is. She will get money.

    Such agreement wont help is criminal cases filled by wife like IPC 498A & CrPC 125.

    As per my best knowledge she will be allowed to file multiple maintenance cases under various maintenance law like CrPC 125, HMA 24, Section 18 etc.

    Husband or Men not going to get any relief with such prenuptial agreement. Reason is very simple. Draft is prepared under guidance of honorable minister who just one week back openly showed her HATE toward a specific gender.

    We are not sure what will happen with the agreement if circumstances change. For example if I am rich businessmen I can afford an agreement with Mercedes, what will happen if circumstances change and I am not in fit position to afford a cycle ?

    Marriage will be a business for most just like IPC 376.

    I can see one advantage of prenuptial agreement. Men will see and may be study the side effect of marriage. Money orientation behind marriage will be clear well before marriage.

    There is one more advantage Men will be stay far from Marriage, which is need of time. 

    But prenuptial agreement can be really useful if the following points considered :

  1. Fix a formula for maintenance irrespective of GENDER.
    • Make sure no-one sit idle.
    • No Multiple Maintenance Law & Cases
    • Consider the contribution of both.
    • Time period in wedlock must be considered.
  2. Shared Child custody should be default option.
  3. Responsibilities of both irrespective of GENDER should be noted down. Not only monetary but ...  .... also.
  4. Before signing prenuptial education about Law must be given to both irrespective of GENDER.

    There can be many more points but in current circumstances I find such agreement useless, because it is another biased (anti-male) effort by GOI. Today I see this as modified IrBM in form of Prenuptial agreement.

    Under these circumstances I am forced advice boycott of marriage unless she is ready to SIGN on NO-MAINTENENCE & SHARED PARENTING agreement.

Gursharn Singh