IMC Ladies Wing Drafts Prenuptial Agreement and Plans Debate in Mumbai
The Indian Merchants’ Chamber (IMC) Ladies’ Wing prepared a draft prenuptial agreement and scheduled a debate in Mumbai to discuss whether India should legally recognize such contracts. The organization planned the debate for Tuesday, featuring retired Supreme Court Justice Jasti Chelemeswar and former Union minister Smriti Irani.
Currently, prenuptial agreements are neither recognized nor enforceable under Indian law. However, as divorce rates rise, the concept has sparked an ongoing debate among Indian couples, legal experts, and the judiciary.
Proponents of prenups argue that legalizing them would outline financial responsibilities and child maintenance arrangements before marriage, preventing couples from facing prolonged disputes over asset distribution if they separate.
Delhi-based senior advocate Meenakshi Arora, Mumbai lawyer Mrunalini Deshmukh, and IMC Ladies’ Wing president Rajyalakshmi Rao argued that prenuptial agreements would primarily reduce the timeline of divorce battles. Deshmukh stated that legalizing prenups would cut down a significant amount of litigation.
India’s first woman additional solicitor general, Indira Jaisingh, also supported the concept, calling prenuptial agreements the way forward to avoid multiple post-divorce disputes. Jaisingh described prenups as a demystification of marriage rather than the end of all divorce disputes. Some lawyers and women's activists also suggested that the Unified Civil Code under the Constitution provides a window for their entry.
Conversely, some legal experts believe India is not yet ready to legalize prenups. Mumbai divorce lawyer Mridula Kadam argued that signing these agreements would only benefit the wealthy or urban population. Kadam cautioned that legalizing prenups could lead to parents making deals that are detrimental to their daughters, particularly in rural areas where the majority of the population lives.
Other critics pointed out that prenuptial agreements must be entirely voluntary and require a full and proper disclosure of assets, which remains an uphill task in India. The upcoming IMC Ladies' Wing debate was organized to address these unresolved legal and social questions.
