Pre-nuptial agreement is an agreement, made between aspiring husband and wife before the commencement of marriage, it is legal in countries like Belgium, Netherland, USA, etc.
In India pre-nuptial agreement is not in existence and most of the people are not aware of the same. Marriages in India are supposed to be a sacred and pious relationship since the time immemorial, hence no agreement can be made between e husband and wife because it is supposed that when a couple is tied in a matrimonial knot, they are tied not only for their entire lives but it is presumed that they are tied in this pious note for next seven births.
Though it is very correct that marriage in India is a pious and permanent relationship between husband and wife; but the scenario has entirely changed in last two to three decades, and it is seen that the present times the divorce rate in India has crossed the ratio of 15%, which is highly astonishing. Moreover, the matrimonial disputes are rater more than this ratio and the relationships are shattering easily. It is also seen that women centric laws are highly misused and lakhs of cases are pending in courts of entire India. The most shocking fact is more than 90% of the cases are filed under section 498a is lodged fake and false fabricated. This is very important to mention here that thousands of victims of these false cases commit suicide every year and this is not it but thousands of families suffer badly due to these litigation
In present era women have made these laws a weapon against the husband and their families because in practical there is no such laws for the protection of the husband and in-laws, silly dispute of husband and wife leads to the condition where wives start misusing the women centric laws against the husband her and in-laws.
Section 498a of Indian Penal Code 1860, is the sharpest weapon provided to the married women, because it is a criminal offence punishable with imprisonment of three years with or without fine and in blink of an eye, the image of common man turns in a criminal which is sufficient to malice his entire career and life and he is not just the one who suffers but his entire family gets trapped and they suffer brutally.
In the year 2005, one more woman centric law was introduced called as “Protection Of Women From Domestic Violence”. It worked as a tight hammer on husband and his family. The rule of maintenance to wife is prime motive of this act, which acts as one more bullet shot to the husband because it squeezes him financially. Same is the provision provide under section 125 Code of Criminal Procedure.
In nut shell it can be concluded that in the circumstances of any silly dispute between husband and wife, wife has all the required weapons to sue the husband and his family but the husband has nothing in his hand to prove his and his family’s innocence in absence of any written document in his hands hence pre-nuptial can provide husband a document of relief because a pre-nuptial agreement is a kind of agreement which is executed between husband and wife before the marriage, and this agreement can be prepared accordingly as what so ever details both the parties want to mention in the contract, they can. Like personal and professional details and the educational details, ownership of properties belonging, of articles and etc. and whatever other conditions they want to make part of it.
Advocate R.K. Agrawal.