Waiver of maintenance agreement under Special Marriage Act
I have done some research on pre nuptial agreements in India, some lawyers say it is valid under contract act if marriage is solemnised under special marriage act with the contract signed together, while other lawyers argue that any contract which keeps marriage as a clause is not valid.
My would be wife has agreed to sign any agreements/affidavits that says that She will not get any maintenance or share in property(unless co-owned).
I want to know how do I proceed with this without worrying about its legal validity.
Additionally, can I ask for a contract that states that in future if she is to receive any alimony/maintenance/ assets post divorce from me, she has to donate 1.5 times the same to specific charity institutions from her own pocket. My sole objective is to keep an incentive for her to stay in marriage forever and avoid paying her financially if ever the marriage fails. And last thing, if she declares in an affidavit before marriage that she is well educated and able enough to meet her finances in future, will be be useful in case of divorce, and she cant demand maintenance.
Asked 1 year ago in Family Law
Religion: Hindu
As per the answers given in the original question, it seems a prenuptial contract in any form that waives of f the maintenance to wife after divorce is not valid.
I want to ask a followup question , will the below contract be legally valid ? Am trying to have a deterrence against demand of any alimony in future in case the marriage goes sour.
(A refers to wife, B refers to the husband i.e me)
Draft contract :
I (A) with identity credentials (AADHAR - xxxxxxxxxx & PAN xxxxxxxxxx) hereby enter into a legally binding contract with (B) having identity credentials (AADHAR - xxxxxxxxxx & PAN xxxxxxxxxx) on (Date) having the following clauses :
1.If any other clause is found legally invalid, other clauses are still valid and legally binding
2. Any breach of any clause of the contract shall be contempt of court
-----------------------------------
3. I ,wilfully and without any force, promise to pay (B) a monetary amount every month which is equal to or greater than 40% of the Net monthly income of (B) after 31/03/2023 , provided that my marital status then is anything other then 'married' (which includes but not limited to being single and divorced), and I and (B) both have the same date of registration of marriage, in exchange of the guidance & exposure he has provided me in the field of management and data science.
----------------------------------------
4. (B) is not required to provide any evidence or proof for granting the service and I have already availed the same through multiple phone calls and personal meets in the last 4 months.
Is the above contract legally valid? Does it meet the conditions of mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality & NOT AGAINST PUBLIC POLICY
Asked 1 year ago