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
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
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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
It will not be a contract between Husband and wife....Say a persona making contract with another person... Say the contract will say MY FRIEND CAN NOT SMOKE NEXT 10 YEARS.. ..Can I make such contract?
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.
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)
You cannot force your fiancée to give up smoking after marriage
Even if she agrees in writing you cannot force her
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
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.
Such contract not valid in Hindu marriage. Whatever the status of parties, no legal consequences if either party violates the contract.
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
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.
No such contact is maintainable
Where is the consideration in your contract?