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Bridging Tradition, Modernity And Law: Legalizing Prenuptiual Agreements In India




Shubh Goyal, JGLS, O.P. Jindal Global University, Sonipat


ABSTRACT


Prenuptial agreements are widely being used across different regions in the world and now even in Indian metropolitan cities but there is no legal validity of such agreements, and they largely depend upon the discretion of courts in this regard which refers to personal laws creating a wide confusion regarding the legal validity of prenuptial agreements in India.


This paper firstly understands and explains what prenuptial agreements are and how they are being used in today’s India. then exploring relevant case laws and precedents as given by different high courts as well as the supreme court of India. Then, analysing different countries which have legalised prenuptial agreements and providing a model legal framework under the Special Marriage Act, 1954, for the legalisation of such agreements or contracts.


Keywords: Prenuptial Agreements, Marriage, Divorce, Maintenance, Alimony, etc.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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