Yes you can marry under special marriage Act
Prenuptial agreement is valid under special marriage Act if submitted with list of documents. It will be governed by Indian contract Act.
Hi- I Am a Hindu ..going to marry Hindu girl. As per My knowledge - Prenuptial agreement is considered under Special Marriage Act. So I want to marry under Special Marriage Act. NOT Hindu marriage act. -----As Hindu can I marriage under Special Marriage Act. ------Is Prenuptial agreement is valid under Special Marriage Act. ? Thank you
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Yes you can marry under special marriage Act
Prenuptial agreement is valid under special marriage Act if submitted with list of documents. It will be governed by Indian contract Act.
the Special Marriage Act does not have a religious underpinning, however. But a prenup is covered under the Indian Contracts Act, and Indian courts do give it due consideration if it has been signed voluntarily without any duress. Goa is the only Indian state that recognises a prenup under the family law.
In India under Indian contract act any contract in connection to marriage are not valid therefore it wont be valid under Special marriage act also.
I heard Prenup is valid under Special marriage act . .but NOT under Hindu marriage act...
1. Pre-nupital agreement has no legal existence or basis in India.
2. Person of any religion including Hindu can perform marriage under Special Marriage Act.
3. I repeat pre nupital agreement has no force in the eye of law irrespective of the provision of law under which the marriage is performed or registered.
What is pre-nuptial agreement, you mean to refer to the engagement or betrothal as pre-nuptial agreement under Hindu law?
There is no hard and fast rule that you have to get your marriage registered under Hindu marriage act only, you can get it registered under special marriage act also.
Though the government has ruled out introducing any law on prenups — terming it an urban phenomenon — it may be considered binding for marriages solemnised under the Special Marriages Act, provided the agreement is submitted along with other documents to the registrar at the time of marriage.
A prenuptial agreement is a contract between two people intending to marry each other detailing each person’s assets and liabilities, including but not limited to alimony and child support in case the marriage fails.
The Indian legal system has no provision for a prenup under the marriage laws. That because in India, marriage isn’t seen as a social contract but a religious bond between husband and wife - the special marriage does not have a religious underpinning, however. But a prenup is covered under the Indian contracts act ..and Indian courts do give it due consideration if it has been signed voluntarily without any duress. Goa is the only Indian state that recognises a prenup under the family law even if it is rarely used.
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Basically prenups is a contract between the parties intending to marry each other.
In Hindu marriage no such provision exists because the Hindu marriage is not a contract but considered as a religious bond.
However, it may be considered binding for marriages solemnised under the Special Marriages Act, provided the agreement is submitted along with other documents to the registrar at the time of marriage.
In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract. A marriage is treated as a religious bond between husband and wife and prenuptial agreements don't find social acceptance. However, these are governed by the Indian Contract Act and have as much sanctity as any other contract, oral or written.
Yes it's valid under special marriage Act in purview with Indian contract Act. But not prevalent in India. As special marriage Act is special Act not governed by social laws and customs that's why the prenuptial agreement is considered in it
Prenup is a western concept and is not valid or legal and is not recognized by the courts in India.
Regards
You can marry her under the special marriage act. But then all the other laws pertaining to partition etc shall be governed by the special marriage act.
Regards
among Hindus marriage is sacrament and not a contract
Pre nuptial agreement is not valid in India
even under SMA it is not valid
Since both parties are hindu, hindu marriage act will only apply.
- A prenuptial agreement is a contract entered by the parties before getting married. It is a signed, registered and notarised document that usually outlines the distribution of assets, liabilities and issues relating to custody of children if the marriage falls apart in the future
- Further, in India , this agreement is neither legal,nor valid under the marriage laws or under special marriage act.
- However, this agreement is governed by the Indian Contract Act and have as much sanctity as any other contract, oral or written.
Yes you can marry under special marriage act.
But In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract. ... For a prenuptial agreement to be successful, both parties have to be willing to participate in it and have to be completely honest about their individual assets and liabilities.
Dear Sir/ Madam
You may surely go ahead and have the prenuptial agreement as such agreement is valid only in special marriage act.