• Marriage contract

I have been married since 7 years . My wife wants a agreement in which it is mentioned that if I need divorced then I need to pay Rs 50000 per month or half of my salary . Please let me know if this contract will be legally admissabale in court of law if it is written in Rs 100 of stamp paper.
Asked 5 years ago in Family Law
Religion: Hindu

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21 Answers

Refuse to sign any such agreement 

 

2) in the event of divorce court generally awards 25 per cent of net salary as maintenance 

 

3) if you sign such agreement wife would use such agreement against you in court to claim higher maintenance 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

This contract has no legal value husband you have all the responsibility to bear to run the family as well as maintain your wife and children if any

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. See such agreement may not be enforceable though court may consider same while deciding the maintenance. Also if it is mutual divorce agreement and you both file mutual divorce court will consider same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Well first take note that no agreement before or after marriage is valid if made between the spouses.

2. in other words pre or post nuptial agreement has no force of law in the eye of law in India.

3. Only if mutual divorces going to happen the terms of settlement lie future maintenance or one time alimony can be mentioned in such petition for mutual divorce.

4. otherwise no kind of agreement will help any of you. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Such agreement does have any legal force. Consideration of the agreement is not valid 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Your question is not clear. However the contact will not be valid in the eyes of law. 

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Reluctantly yes but not enforceable. 

Instead of agreement  if it is affidavit then yes admissible in the Court of Law for divorce petition by mutual consent under section 13 B of Hindu Marriage Act 1955.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Such contract not valid neither enforceable in court. Only if such agreement mentione in mutual consent divorce petition than only legally binding.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

It is advisable not to sign any such document,  in worst cases also the court will grant your 25% of your monthly income to her, depending upon her qualifications and her personnel income, signing this will land you in unnecessary trouble.

P.s if the above mentioned suggestion is sent by your wife on your phone via a msg or whats app, kindly save it for your future reference. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

1. Such an agreement will lack any enforceability at law.

2. There can be no agreement in restraint of legal remedies arising out of matrimonial relationship.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes it wpuld be admissible 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hi, it is already a established law ,that a wife can claim 1/3th of salary as maintenance under section 125 crpc ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce.
You know that Stamp paper is a sheet of paper with a printed revenue stamp of a fixed value like Rs. 10, Rs.20, Rs. 2000 etc. This is a source of revenue for the government/authority. In most of the States/Countries, valuable documents are only valid if done on a prescribed value of stamp paper. These values are provided by the govt. of the respective states from where the paper is purchased. These values may vary from state to state.
In case of Thiruvengada Pillai & Ors vs Navneethammal & Anr, (2008) Supreme Court held that the Indian Stamp Act, 1889 is silent about the expiry date of stamp paper. The Proviso of the time interval of six months defined in Sec-54 is only for the purpose of entreat reimbursement of the value of the unused stamp paper, not for the use of stamp paper. Sec-54 does not entail the person to use the stamp paper within 6 months. Therefore, there is no cure for a stamp paper bought more than 6 months before the suggested date of implementation, being used for a document. However, there is no time limit for the effectiveness of stamps.

Please understand that she might use it in future to adversely affect you. Amount of 50,000 or half of your salary is very high figure. Supreme Court in case of Dr. Kulbhushan Kumar vs. Raj Kumari and Anr. (1970) it was held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife. The amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance. Maintenance is always dependant on the factual situation of the case and the court would be justified in moulding the claim for maintenance passed on various factors.

While dealing with such cases in Supreme Court I have observed that the views of Courts are also divided when it comes to the validity and enforceability of prenups. In some judgments like in Sunita Devendra Deshprabhu v. Sita Devendra Deshprabu courts have taken into consideration prenups for the division of assets. But in some judgments like Tekait Mon Mohini Jemadai v. Basanta and Kumar Singh and Krishna Aiyar v. Balammal, they have considered prenups as non-executable and invalid.
But in all the cases there was one thing common, courts have considered the prenups as an important factor in ascertaining the intentions of the parties and on the understanding on the basis of which the marriage has been solemnized. In all the courts, Prenups have played an important role in divisions of assets irrespective of the fact that there is no specific law pertaining to their enforceability and validity. Discussion with complete facts is required in such cases.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

such an agreement is admissible

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

If it's agreed by you in form of consent terms in family court then it's valid. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

No such agreements are enforceable in law.

This is an unregistered agreement, hence it has no legal validity, therefore the court will not entertain any such case filed to execute the conditions of agreement.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

prenuptial agreement is not valid as it is not a contract, it is a sacrement hence it is not valid in India.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you sign the said agreement, you will be  purchasing problems and will be giving leverage to your wife for future litigation.

Not at all advisable to sign the same.

In the event of litigation i.e., Divorce / other court cases, she will use the above document to suit her case and you will end up paying the said amount.

Other way round, in maintenance / divorce cases, court grants between 20 to 25% of net salary of husband, as such, it is not advisable to sign the same.

It will go against you if it goes into litigation mode, straight away court takes it as base.

Restrain from signing any document.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- As per Section 14 of the Family Court Act, 1984 , a family court may receive any evidence, report, statement, documents, information or matter which in its opinion will facilitate the effective adjudication of the disputes before it, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872.

- Hence, this contract will be legally admissible in court of law , even it is written in Rs.100 of stamp paper , if property verified and signed by you both. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes it will be legally admissible in court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No such agreement is admissible. An agreement must be made and presented to the family court judge. He will grant you both a mutual consent divorce after 2 motions. In that agreement all things related to maintenance must also be written.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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