The inadequacy of legal provisions in India for prenuptial agreements exacerbates the problem between Sanjay Dutt and Manyata.
MUMBAI: Whether or not Manyata and Sanjay Dutt’s decision to get married in Goa had anything to do with ownership of property, that is a sore issue in many marriages and increasingly in divorces.
The inadequacy of legal provisions in India for prenuptial agreements exacerbates the problem.
Lawyers say that with property and stock prices soaring, there is much more at stake now in a divorce, which often leads to protracted legal battles.
And with a 60 per cent rise in number of divorce cases in Mumbai’s marriage court in Bandra over the past two years, many more couples are getting caught up in property disputes than ever before.
Legal experts point out that while divorce rates here are catching up with those around the world, Indian laws have not kept up with these changes in society as they still regard marriage as being sacrosanct. For instance, in the West, a prenuptial agreement is becoming common practice to protect the interests of both spouses in cases of divorce.
But in India, such an agreement does not come under the ambit of marriage law.
“Currently, only a post-nuptial agreement is binding, that too only in divorces with mutual consent. Such a contract can be useful in matters such as division of assets, custody of children, and maintenance, provided there is no dispute at the time of divorce,” says Nilima Datta, a family court lawyer.
Lawyers say that despite its lack of tenability under Indian marriage law, they are receiving innumerable requests for pre-nuptial agreements. They feel making provisions for such pre-nups is a vital need to ease the stress on the system, especially on account of property disputes.
A factor that further complicates matters in India is the widespread practice of making
benami investments to reduce the tax burden.
“Benami investment is considered legal if it is done for the benefit of a wife or unmarried daughter. But such investments run into complex problems at the time of divorce,” points out divorce lawyer Mrunalini Deshmukh.
“A lot of disputes are arising today due to property, shares, and other investments made in the name of both spouses and, eventually, one is deprived. There are innumerable enquiries being made about these issues as both genders are waking up to the realities of the day. The introduction of pre-nuptial contracts would definitely help both parties,” says Deshmukh.
But this is easier said than done. “We will have to make amendments in all our marriage and divorce laws, as well as property laws,” says Nilima Dutta, who points out that pre-nuptials are effective abroad because property laws there are in sync with such contracts.
Until then, the only recourse for couples may be to maintain independent accounts. “I suggest today it’s better not to reveal your financial assests to your spouses. Details of money, jewellery and investments are best kept to oneself,” says Nandlal Gianani, a financial expert.
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