Are Contract Marriage and Prenuptial contracts valid?

Can somebody please tell me if the prenuptial contracts are valid in India. If yes, to what extent ? Can the couples decide on the custody of their child, or can they fix a future date of termination of contract of marriage ? Is contract of marriage valid in India ? Can a contract fixing a future date for divorce be valid under the Indian law ? Agreement in restraint of marriage is void, so is an agreement setting out a future date for divorce valid ?

Answer (1)

Team Legistify

  • Sector-1, Noida
1. Marriage is not a contract in India especially under Hindu Marriage Law. 2. No. Such contract is illegal ab initio in India. As the marriage is regarding as joining of two souls for at least 7 births (spiritually) hence it is not a contract in India even as per law and thus no question arises to pre-fix the date for divorce or separation.

Answered on 28 Sep 2018


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