Natasa Stankovic Divorce: A Look At Validity Of Prenuptial Agreements In India

By Fnf correspondent | PUBLISHED: 20, Jul 2024, 21:11 pm IST | UPDATED: 20, Jul 2024, 21:11 pm IST

While rumours have been doing the rounds for several months, Indian cricketer Hardik Pandya and Serbian model Natasa Stankovic have now officially announced their decision to divorce. In a joint statement released on July 18, the couple said that they are mutually parting ways and wrote "We tried our best together and gave it our all, and we believe this is in the best interest of the both of us." While the internet has been divided on the matter, several netizens - albeit Indian cricket fans - have come in support of Hardik.

Like the rumours of divorce, gossip mills have also been abuzz with many claiming that Natasa will ask for a massive alimony. Among other things, what added fuel to the fire was Natasa's now-deleted post on Instagram Stories which reportedly read: “Someone is about to get on the streets". Earlier, it was also been rumoured that as part of the divorce settlement, Natasa has claimed 70 per cent of the star cricketer’s property. However, neither Natasa nor Hardik have made any official statements on the purported settlement terms.

Many netizens have expressed concerns about Hardik, saying that irrespective of the cause of divorce, Hardik should not have to part with the majority of his wealth (going by settlement rumours and several high-profile celebrity divorces across the globe). This has brought the focus on the legal standing of pre-nuptial agreements in India.

A prenuptial agreement is a written contract entered into by a couple before marriage that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples go for prenups to supersede many of the default marital laws that would otherwise apply in the event of divorce, especially concerning property division and retirement rights. Prenuptial agreements are recognised as valid in several European countries, England, the US, and Australia, among others.

Advocate Shradha Karol, who practises at the Supreme Court, Himachal Pradesh High Court and Delhi High Court, gives her inputs on the legality of prenuptial agreements.

Pre-nuptial agreements are not recognised in India. The Hindu Marriage Act 1955, which includes Hindus, Sikhs, Jains, and Buddhists, treats marriage as a sacrament and not a contract and thus enforceability of any agreement, such as a pre-nuptial agreement, is not recognised. Muslim and Christian Laws also don't recognise pre-nuptial agreements.

In the case of the Special Marriage Act, where the marriage is solemnised between two parties of different religions, the marriage is a civil contract; in that case, though a pre-nuptial agreement does not recognise the same, at best, would have a persuasive value.

There are various provisions under which the wife can claim maintenance in India. However, Section 24 of the Hindu Marriage Act is a gender-neutral section where any spouse can file for alimony depending upon each spouse's asset and liability condition. The Hon'ble Courts have recognised this right for an abled man who cannot genuinely maintain himself.