The Role Of Pre-Nuptial Agreements In Protecting Spousal Rights In India

Abstract

This paper examines the evolving role of pre-nuptial agreements in protecting spousal rights within India's legal framework. While pre-nuptial agreements are widely recognized in many Western jurisdictions, their status in India remains ambiguous due to the dominance of personal laws that govern marriage. The paper explores the historical context of matrimonial laws in India, analyzing how these agreements function globally and comparing them to the Indian legal system, which lacks specific legislation for such contracts. Through case law analysis, including Ramesh Chandra v. Suresh Chandra[1] and Shah Bano Begum v. Mohd. Ahmed Khan[2], the paper highlights how Indian courts emphasize fairness and equity in matrimonial agreements. It also examines international cases such as Ramesh v. Granatino[3], drawing parallels between foreign legal frameworks and India's potential path forward. The paper advocates for legislative reforms that recognize and enforce pre-nuptial agreements while respecting Indian cultural values. Furthermore, it addresses the social stigma surrounding these agreements, suggesting that greater public awareness and judicial recognition could encourage their acceptance. The research concludes with recommendations for policymakers, legal practitioners, and society, emphasizing the importance of ensuring financial fairness and autonomy in marriages through the formal recognition of pre-nuptial agreements.