Thursday, January 23, 2025
spot_img

Make prenuptial agreements mandatory to prevent marital legal battles: Delhi court

Date:

Share post:

spot_img
spot_img
New Delhi, Oct 31: A Delhi family court judge has said that prenuptial agreements should be made mandatory before entering into marriage to reduce law-induced mental cruelty.

The judge, Harish Kumar, made this observation while granting divorce on a no-fault basis to a couple who had been embroiled in legal disputes for seven years.

He stressed on the need for mandatory prenuptial agreements, which would be executed before an appointed authority after counselling the parties about the potential risks of a marriage breaking down for various reasons.

Breaches of these agreements should be reported promptly, and if not reported, the party at fault would not be heard later, he said.

The court granted divorce without determining which party was at fault for the marital breakdown. Instead, the judge inferred that both spouses desired the divorce since they had levelled allegations against each other while seeking the divorce.

The judge recognised that matrimonial cases have seen a significant increase, with many not involving actual cruelty. Yet, if one party chooses to end the marriage for any reason, they must approach the court and make allegations against the other, which often leads to counter-allegations, it said, stressing that forcing parties to continue such marriages, even if one party cannot prove the fault of the other, would constitute law-induced mental cruelty.

Regarding custody of the child, the court named both parents as legal guardians for academic, and extracurricular purposes and directed the mother to add the father’s name to the daughter’s school records.

The court also granted the father regular access to the child, both daily and on weekends. On the matter of maintenance, the court ordered both parents to share 50 per cent of the daughter’s reasonable expenses.

IANS

spot_img
spot_img

Related articles

Yemen’s Houthis release crew of Galaxy Leader vessel to support Israel-Hamas ceasefire

Sanaa, Jan 22: Yemen's Houthi group on Wednesday said it had released the crew of Galaxy Leader vessel...

WEF Davos summit: Maha govt signs MoU with RIL for Rs 3.05 lakh cr investment

Mumbai, Jan 22: The Maharashtra government and Reliance Industries on Wednesday at the slide lines of the World...

1st T20I: Chakaravarthy picks 3-23 as bowlers help India bowl out England for just 132

Kolkata, Jan 22: Wrist-spinner Varun Chakravarthy shined with figures of 3-23 as the Indian bowlers put in a...

Assam inks MoUs to transform 354 tea garden hospitals into Ayushman Arogya Mandirs

Guwahati, Jan 22: In a landmark initiative to strengthen healthcare services in tea garden areas of the state,...