Prenuptial agreements, also known as premarital agreements or prenups, are not specifically recognized or addressed under the provisions of the Hindu Marriage Act.
In India, the concept of prenuptial agreements is not as commonly recognized or enforced as it is in some other jurisdictions. However, this does not mean that the principles of fairness and mutual consent, which are often associated with prenuptial agreements, are completely disregarded in Hindu marriages.
In case of divorce or separation, Indian courts generally consider various factors, including the financial and property-related aspects of the marriage, and strive to reach a fair settlement based on the circumstances of the case. While a prenuptial agreement may not be explicitly recognized, the court may take into account any valid and relevant agreements between the parties, including oral agreements or other written documents, to determine the division of assets and other matters.
It’s important to note that family laws and practices can vary among different communities and regions in India, as there are multiple personal laws for different religious communities. Therefore, it’s advisable to consult with a legal professional who specializes in family law in the specific jurisdiction relevant to your situation to understand the applicable laws and practices more accurately.