Newly weds option for prenuptial agreement in Hyderabad

Hyderabad: Telugu newlyweds who plan to settle down in the US or Europe are signing prenuptial agreements, a practice that is common in western countries but is not legally accepted in India.

The trend started among Telugu non-resident Indians (NRIs), especially techies, following cases in which working professionals either lost their jobs or whose career growth suffered due to filing of criminal cases by estranged spouses.

While most of the NRIs did not return to India after the cases were filed by their spouses or kin, their parents back home had to face the cases.

Mr Raghavendra Rao, a software professional working with a US-based company, said he knew of techies committing suicide when faced with dowry harassment cases. “The prenuptial pact culture exists in the US and the UK. Such agreements are needed here,” he said.

Senior advocate Ramya Akula, who deals with women-related issues, told this newspaper that prenups, as they are called, are common in the US.

“NRI would-be-grooms are forcing the parents of their would-be-bride to sign the agreements before the engagement. The document spells out the plans of the couple including the share of each in loans, the future of children and their maintenance and compensation in the event of separation,” she said.

Prenups are not covered by the law in India. “Indian marriage acts do not allow premarital agreements,” she said.

Asked whether the agreements were registered in any form, Ms Akula said they were signed in the presence of both parties and witnesses from the two sides. The agreements are signed on non-judicial bond. They cannot be registered with registrars nor can they be notarised, she said.

Telangana advocates' association leader T.V. Ramana, who used to deal with cases in family courts, said "Except for engagement, no agreement is allowed. Indian Acts do not mention such agreements. It will not stand in a court of law."

Mr Boora Sampath Goud, an advocate from the Secunderabad family courts, also said prenuptial agreements would not stand legal scrutiny. "Indian laws do not allow contract marriages or written agreements before marriage," he said.