Prenuptial Agreements Not Enforceable In India But Can Be Considered To Determine Parties’ Intent: Mumbai Court
1 year, 3 months ago

Prenuptial Agreements Not Enforceable In India But Can Be Considered To Determine Parties’ Intent: Mumbai Court

Live Law  

A Family Court in Mumbai recently held that while a prenuptial agreement cannot be upheld as a binding contract India, it can still be considered to gain insight into the intentions of the parties involved. The court granted divorce to a 53-year-old man, observing that the prenuptial agreement demonstrated the couple’s anticipation of potential issues and their mutual willingness to separate should any problems arise. The court noted that the petitioner has provided reasons for refusing physical relations, and the respondent had not challenged the pre-nuptial agreement dated July 11, 2016, until filing the petition. The court ultimately concluded that the petitioner’s mental state, affected by the loss of family members, and the pressure exerted by the respondent and her mother forced him into the relationship.

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