Legal Question in Family Law in India

I am in a relationship with a girl for 10 years and we have just planned to marry. However (i feel ashamed to say this) the girl gave me mental tortures many times and we broke up many a times. But the problem is she used to beg pardon (realizing its her mistake) at the last moment and i used to save the relationship.

But everybody has got a breaking point and i feel that if the marriage goes through, then she has nothing to lose, and will start behaving with impudence and haughtiness.

what i want to know is, is there any legal deed or credential (i dont know legal jargon ) in which i can make her sign before the marriage and use it as a trump card for her good behavior. (I know this may sound funny, but only you can realize my plight if you are in my shoes.)

some facts

1) i dont want to actually use it for a divorce or something, but only to make her think twice before she behaves abnormally

2) some of you might be wondering what if i misuse it? see i want to save the relationship, if i had to part i wouldn't have waited 10 years

Asked on 5/14/13, 9:51 am

4 Answers from Attorneys

Mukesh Ralhan RALHANS - Immigration & Overseas Affairs Law Group
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Dear Client,

Unfortunately, the marriages do not result from any formal legal agreement. Under the Hindu Marriage Act (I don't know your religious background), the couple has to take vows to enter into matrimony. At that stage, you may consider raising this issue and insist that your partner should undertake to demonstrate good behaviour after the marriage. This is only verbal vow but is taken in front of relatives and friends and the partner becomes under obligation socially to keep her promise. There are no penalties except may be social boycott....hope this helps.

Regards,

MUKESH RALHAN, ADVOCATE

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5/14/13, 10:13 am
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dear client such agreement will not consider as legal in the eye of law. if u donot trust her then think once again before going to marry with her. taking in writing will not work in future. for any legal help call me on 9422611385

ADV PRASAD PATIL

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5/15/13, 12:40 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Marriage certificate is the best document. if you love her enough, do not worry about post - marriage behaviour. Go ahead. Wish you good luck.!!!

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5/15/13, 11:15 am
Jayesh Desai Jayesh Desai
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Prenuptial agreements are not recognized in eyes of law in India.

You cannot have such agreements in India.

Under all laws other then Muslim personal law, in India, marriage is a sacrament and not a contract.

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5/22/13, 6:45 am

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