The recent speculation surrounding the divorce of Indian cricketer Hardik Pandya and Serbian model Natasya Stankovic has not only raised public curiosity but also brought attention to the state of prenuptial agreements in India.
Natasa can reportedly seek a substantial 70% of Pandya’s assets as part of the settlement. However, neither party has made any official statement confirming the divorce or the alleged terms of the settlement.
The high-profile case prompted a closer look at the legal status of prenuptial agreements in India. Unlike many western countries where pre-nups are common and legally enforced, India presents a different legal scene.
Experts reveal that prenuptial agreements, while not expressly illegal, do not have strong legal support in India due to the predominance of personal laws over civil contracts in matrimonial matters. For example, Hindu, Muslim and Christian personal laws governing the majority of the population do not formally recognize prenuptial agreements.
Here’s what experts say about the state of prenuptial agreement in India
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Although entering into a prenuptial agreement would be the most effective way of protecting the property base of the respective parties, such an agreement is not legally enforceable in India as it is considered immoral and against public policy and is therefore void under Section 23 et seq. of the Indian Contract Act 1872 and other relevant laws.
Unlike many countries, India (with the exception of Goa) has no concept of distribution of property, especially self-acquired property of one spouse to the other, however both parties to the divorce proceedings are legally entitled to claim monetary assistance. in the form of alimony pendente lite, permanent alimony, final alimony or any other relief available under law.
