This whole episode about Karisma Kapoor and Sunjay Kapur’s divorce proceedings – the constant on-again and off-again is setting everybody’s teeth on the edge. It has been half a decade and the couple still hasn’t been able to reach a consensus over who gets how much access to the children’s trust (fund). This isn’t a mockery of their ordeal. It must be excruciating to go through a child custody suit and one that’s been made public, at that. But perhaps much of this ordeal may have been absent if our Indian government had made pre-nuptial contracts or pre-nups legal.
Perhaps Maneka Gandhi, Minister for Women and Child Development, is thinking along the same lines too, because the good lady has put in a word with the Law Minister to make pre-nups legal in India now. The move could help both spouses, especially women to get their right to maintenance or marital property without a cumbersome, expensive legal battle.
Maneka 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.
“The prenuptial agreement is not recognised 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 told TOI.
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.
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.
Good going, Mrs Gandhi!
Image Courtesy: BCCL
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