Prenupital Agreements In India – Its Validity And Enforcement
- IJLLR Journal
- Mar 21
- 1 min read
Naga Yogesh Chitturi, School of Law, CHRIST (Deemed to be University), Bengaluru
Sohan Santosh Melligeri, School of Law, CHRIST (Deemed to be University), Bengaluru
Tarun Gowda D, School of Law, CHRIST (Deemed to be University), Bengaluru
ABSTRACT
Prenuptial agreements remain legally ambiguous in India, lacking explicit statutory recognition. This paper analyzes their validity and enforceability under the Indian Contract Act, 1872, and personal laws, particularly the Hindu Marriage Act, 1955. Unlike many Western jurisdictions, Indian courts hesitate to enforce prenuptial agreements due to concerns over public policy, fairness, and matrimonial obligations. However, shifting societal norms and financial considerations are driving discussions on their legal relevance.
This study examines judicial precedents, comparative legal perspectives, and the potential for legislative reform. While current jurisprudence does not provide absolute enforceability, evolving legal discourse suggests a need for a structured regulatory framework. Recognizing prenuptial agreements could enhance financial clarity in marriages while addressing concerns of gender justice and economic equity.
Keywords: Prenuptial Agreements, Indian Contract Act, Hindu Marriage Act, Public Policy, Legal Enforcement
