On May 7, 1951, Raghunathrao Deshprabhu and Sita Devendra Deshprabhu entered into a marriage pact. The marriage agreement sets out the provision for the separation of property. On November 10, 1987, Raghunathrao Deshprabhu died. After the complaint was filed, Sita Deshprabhu died. It was argued that, in light of the marriage agreement, there were no existing rights. The marital agreement between Raghunathrao and Sitadevi shows that they have agreed on the asset separation regime. That is why, in this case, the Court considered the marital agreement on the decision on the issue of separation of property between the parties. However, it was not the validity of the marriage agreement in the judgment. A marriage contract is a contract that the parties entered into before the marriage. It is a signed, registered and notarized document that generally describes the distribution of assets, debts and custody issues when marriage disintegrates in the future.
In India, unlike other Western countries, prenup agreements are still considered taboo. Its validity and constitutionality are instabilised and no specific decision has yet been taken. It can be inferred from the above case law that there is no pioneering judgment stipulating that the marriage agreement is valid before the Court of Justice. However, for the marriage agreement to be applicable, it must be a valid contract under the Indian Contract Act of 1872. Such an agreement is legally binding only if married spouses are consensual and freely consensual. In addition, the clauses mentioned in the marriage agreement must be fair and clear. It is advisable to have a marital agreement, as it provides for stress-free litigation in the event of a marriage breakdown such as divorce, judicial separation, etc. In the marital agreement, since the division of property is carried out before the marriage, it becomes easier to implement such an agreement if the marriage fails in the future. However, it is recommended that you consult a lawyer before drafting a marital agreement for reasons of clarity and to avoid ambiguities. In this case, there was a marital agreement between Sri Rai Basanta Kumar Singh and Tekait Mon Mohini Jemadai.