Understanding Pre-nuptial Agreements in India: A Legal Insight

 

Introduction:

Hey there, wonderful readers! Today, we're diving into a topic that's often shrouded in mystery but can be incredibly important in certain situations: pre-nuptial agreements, or pre-nups for short. We'll explore what a pre-nup is, its basic concept, and its legal validity in India.

What is a Pre-nuptial Agreement?

A pre-nuptial agreement is a legally binding contract that two people enter into before getting married. It outlines the rights and responsibilities of each spouse in the event of a divorce or separation. Think of it as a financial and property roadmap for your marriage, just in case it doesn't work out.

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What is the difference between provisions of Guardian and wards Act 1890 and Hindu minority and guardianship Act 1956?

 The Guardian and Wards 1890 is a secular act that applies to every citizen and communities of India while The Hindu Guardianship and Minorities Act of 1965 is applicable only to Hindus and subsets of Hindus such as Jains, Buddhists, Sikhs, Lingayat, Arya Samaj, Followers of Brahmo, Followers of Prarthana Samaj, and Virashiva.

Other religious communities such as Muslims, Parsis and Christians do not fall within the scope of this law. This law is added to the Law of Guardians and Wards of 1860 and does not replace the latter. GWA 1890 covers the procedure on how to petition courts for the appointment of a guardian.

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Important Provisions of Foreign Marriage Act, 1969

 

[Act 33 of 1969 ] [31st August, 1969]

An Act to make provision relating to marriages of citizens of India outside India

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “degree of prohibited relationship” shall have the same meaning as in the Special Marriage Act, 1954 (43 of 1954);

(b) “district”, in relation to a Marriage Officer, means the area within which the duties of his office are to be discharged;

(c) “foreign country” means a country or place outside India, and includes a ship which is for the time being in the territorial waters of such a country or place;

(d) “Marriage Officer” means a person appointed under Section 3 to be a Marriage Officer;

3. Marriage Officers.—For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers as it may think fit to be Marriage Officers for any foreign country.

Explanation.—In this section, “diplomatic officer” means an ambassador, envoy, minister, high commissioner, commissioner charge-d'affaires or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission.

Chapter II

SOLEMNIZATION OF FOREIGN MARRIAGES

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Whether muslim mother can claim maintenance from her children U/S 125 of CRPC?

 Section 4(1) of the Act contains the provision for maintenance to the divorced woman from her children but this does in fact not debar the divorced Muslim woman from invoking the provision of Section 125 of Cr. PC against her children. Even under the Act the application of the provisions of Section 125 of Cr. PC has been contemplated and the Act has not specifically made any ouster of the application of Section 125 Cr.PC Section 5 of the Act has imposed one condition for the application of sections 125 to 128 of Cr. P C against former husband of the divorced Muslim woman but it is conspicuously silent as regards their application against others. The framework of the Act itself and the ratio decided in the case of Danial Latifi (supra) which we have discussed above will show that the Act itself is not a substituted measure of Section 125 of Cr. P C but in addition thereto. This suggests that the proceeding under Section 125 of Cr.PC against children of the respondent mother is quite maintainable despite the pendency of the proceeding under sections 3, 4 of the Act against her husband.

 IN THE HIGH COURT OF CALCUTTA

C.R.R. No. 516 of 2001

Decided On: 10.12.2001

Makiur Rahaman Kha and Ors. Vs.  Mahila Bibi

Hon'ble Judges/Coram:

N.C. Sil, J.

Citation: MANU/WB/0390/2001.

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