• Contract Law

Hi I am going to get married soon. But she is a smoker and she promised she would not smoke anymore.

Before marriage Can I make a legal contract with her mentioning she will not smoke rest of the life
or as long as we are husband wife... under Indian contract law..................

Thanks
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

Hello,

pre nuptial agreements are not valid in India. 

Though you may get the said agreement signed but the same will not be a valid agreement.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No such contract can be made or is valid even after she sign such agreement and she smokes you cannot take.any.legal step on that ground.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Such contract is not possible sir you cannot enforce same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can make but it will not be valid and you later can not go to court for its enforcement 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It depends on whether you are going to solemnize your marriage under your personal laws or Special marriage act (Court marriage). 

Any contract prohibiting the either of the spouse from doing any personal activity like smoking, will not be valid under personal laws; but such a contract will be valid if the marriage is being solemnized Under Special marriage act. (ie court marriage)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You cannot force your fiancée to give up smoking after marriage

Even if she agrees in writing you cannot force her 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Such a contract cannot be made because eating drinks and smoking comes under tge right to live with dignity. One cannot waive one's fundamental rights.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It will be a simple promise not contract without any connsideration. Not having any legal force.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

No pre nupital contract is valid in India.

Even she was not your future wife then also such type of contract has no legal validity in India.

Marriage are worked out on mutual faith and trust and not on writings on paper.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Such contract not valid in Hindu marriage. Whatever the status of parties, no legal consequences if either party violates the contract.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can make the contract but legally it will not have any stand.  

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can make affidavit from her in this regard instead of getting into the contract that will create fear in her. These kind of contacts are not enforceable

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

such type of contract is not valid. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Please remember that smoking is one's own habit and nobody can force the other to stop or give it up.

The proposed contract is not maintainable and cannot be enforced in court of law.

Hence do not be misguided in this aspect.

If you do not want to marry her for this then you may drop the idea of marrying her but you cannot force her to give it up.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No such contact is maintainable 

7 Required Elements of an Enforceable Contract

  • Offer. An offer is the beginning of a contract. ...
  • Acceptance. An offer can be accepted in writing, in person or over the phone. ...
  • Consideration. Consideration is something of value that the parties are contracting to exchange. ...
  • Competence/Capacity. ...
  • Mutual Consent. ...
  • Legality. ...
  • Writing.

Where is the consideration in your contract?

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear 

You can make a contract but it will not be a valid contract as per Indian contract act. 

You cannot enforce such contracts as per law. Its her personal decision for her life.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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