NEW DELHI: There could be a way out of acrimonious courtroom battles and bitter divorces if Union minister Maneka Gandhi has her way. The minister wants prenuptial agreements — a standard legal document in many Western countries — to be recognized in India. The move could help both spouses especially women get their right to maintenance or marital property without a cumbersome, expensive legal battle.

Gandhi met with law minister Sadanand Gowda recently on the issue and now plans to hold consultation to get all points of view from stakeholders. The ministry of women and child development (WCD) has called for a consultation with experts in law, social work and others on November 23.

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Prenuptial agreement or prenup is a contract entered into prior to marriage and commonly includes provisions for division of property, guardianship rights and spousal support in the event of divorce or breakup of marriage. The agreement could also include specific terms for forfeiture of assets as a result of divorce on the grounds of adultery or lay down any conditions between the two adults.

"The prenuptial agreement is not recognized in India. Most couples, mainly those who are rich and influential, enter in to an agreement under the Indian Contracts Act. However, this has not been legally upheld in court,’’ a senior ministry official said.

Sources said that since marriage in India is not seen as a "contract’’ there are legal issues in enforcing it upon a married couple. Only a "nikah’’ or a marriage under Islam is a contract but that is under the Muslim Personal Law and has its own rules related to mehr and maintenance.

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The ministry feels that the move will protect the interests of women who are in live-in relationships or marriage. "Our intention is that in the event that the marriage gets in to trouble, a woman should be able to get financial support without going through a lengthy, expensive process of divorce which may act as a drain on her resources and she may not end up with anything. The consultation will help us address the way forward,’’ the official said.

Among those who have been invited for the consultation are former solicitor general Indira Jaising, representatives from law schools in Bangalore and Delhi, NGOs like Jagori and Action India.

