• Special Marriage 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
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

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. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

 It is not valid contract under Indian contract act.therefore not valid for any kind of marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22838 Answers
490 Consultations

5.0 on 5.0

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.

..

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

  1. A prenup can be successful ONLY if both the couple are scrupulously honest about their assets. Hiding information about assets can defeat the purpose of a prenup – a harmonious division of assets upon a divorce.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

 It is not valid under SM. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

You certainly can marry under SMA.

REGARDS

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Prenup is a western concept and is not valid or legal and is not recognized by the courts in India.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

among Hindus marriage is  sacrament and not a contract 

 

 

Pre nuptial agreement is not valid in India 

even under SMA it is not valid 

 

 

Ajay Sethi
Advocate, Mumbai
94782 Answers
7547 Consultations

5.0 on 5.0

Prenuptial agreements are not valid in India 

Ajay Sethi
Advocate, Mumbai
94782 Answers
7547 Consultations

5.0 on 5.0

Since both parties are hindu, hindu marriage act will only apply.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir/ Madam

You may surely go ahead and have the prenuptial agreement as such agreement is valid only in special marriage act.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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