Legal Question in Family Law in India
hindu law
is prenuptial agreements valid/enforceabale in Hindu Law? If yes, can it be enforced in the State of New York?
Can pre nuptial agreements be entered into to safeguard personal property and secure alimony under the hindu law?
if not pre nuptial agreements , then what can be entered into to secure above requirements?
2 Answers from Attorneys
Re: hindu law
There is no provision of a prenuptial agreement under the Hindu Law; as such, itis neither valid nor enforceable any where either in India or abroad.
Under the provisions of the Hindu Marriage Act / Divorce Act / Special Marriage Act - sufficient cover has been given to a married women's personal property (Stridhan) and her rights to alimony and maintenance
Re: hindu law
Any agreement can be entered into by the parties under the Indian Contract act.If both parties are agreeable then it should be specified in the contract that NY courts would have jurisdiction.
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