🌟 ALL ABOUT PRE NUPTIAL AGREEMENTS

✓ Meaning- Nuptial: Relating to Marriage, So an Agreement where couples are not married yet is called the Pre Nuptial Agreement.

🌟 Origin- Western Concept, especially U.S.A. because of almost 50% of Marriages ends up with divorce.

✓ Marvin v. Marvin, 1979 brings out the prevalence of non – marital agreements stating that unmarried couples can enter into the Pre – Nuptial Agreement via means of written, oral or implied form of contract.

✓ Purpose- Security for couples regarding pre- disclosure of proportion of assets for maintenance, conditions and to avoid litigation.

🌟 Concept of Pre Nuptial Agreement in India

1. No statutory provision
Pre – Nuptial Agreement in India, the agreement only helped the court to establish the base to determine the grant of divorce but not legally binding (only persuasive value).

2. "R. Rambilas vs. Ms. Anita, 2018
"A clause in an agreement that wife shall not be entitled to claim maintenance from husband cannot be used in proceedings under Section 125 of Cr.P.C., since, such clause is opposed to public policy and, therefore, void under Section 23 of the Contract Act."

3. Portugese civil code 1867 has a provision of Pre Nuptial Agreement

4. Statutory rights and liabilities under, beneficial legislations such as Section 125 CrPC Section 24 HMA Section 20 DV Act and other codified personal and secular laws in India, cannot be bartered or negated by either spouse by entering into an agreement to the contrary.

5. A Family Court in Mumbai recently held that while a prenuptial agreement cannot be upheld as a binding contract India, it can still be considered to gain insight into the intentions of the parties involved.

🌟 Conclusion- Courts almost never decide the case of maintenance or divorce as per party wishes or on time and to avoid such situations Prenups are made but still in India it has no legal binding authority due to India's public policy under section 23 of Contract Act however a Prenup can be made and has a great value in deciding a case of dowry, streedhan, claims of maintenance based on earlier facts which have effect afterwards provided it should not be against any other law.

#Discernible_Topics
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Anyone who wishes to write any article and is from goa or uttarakhand they may work on comparitive analysis of uniform civil code as a whole or any part thereof.

There is No Article present on it, it will get publish easily anywhere also because of requirement as other states to will be in making of UCC.


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#Question@CurrentLegalGK

1. Delhi High Court Jurisdiction extends to NCT of Delhi or New Delhi or Delhi or to NCR, and explain by which provision of constitution?

2. Even though UT under Schedule 1 we still use X v. State of Puducherry or NCT Delhi, why?

Some Hints: ARTICLE 225 and THE DELHI HIGH COURT ACT, 1966

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Why only Delhi? The debate around capitals, gains | Political Pulse News,The Indian Express
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🗺️ 🇮🇳India's Capital History

During the Mughal rule, India had Delhi and Srinagar as capitals, while the British too initially had Calcutta as their summer capital and Shimla as the winter capital. In 1911, the British moved the capital from Calcutta to Delhi, and it was formally inaugurated as one in 1931.

History of Capital of India
https://t.me/CurrentLegalGK/3447

#Question@CurrentLegalGK

Consider the following properties as either Movable or Immovable.

1. Water 🌊
2. Gas 💨
3. Copyright©️
4. Electricity 💡
5. Goodwill 😊
6. Spectrum 📶

Tata Consultancy Services
vs.
State of Andhra Pradesh, 2004 (SC) while holding that transfer of right to use software put in media amounts to sale of goods,

“In India, the test to determine whether a property is ‘goods’, for purposes of sales tax, is not whether the property is tangible or intangible or incorporeal.
The test is whether the concerned item is capable of abstraction, consumption and use and whether it can be transmitted, transferred, delivered, stored, possessed, etc. Admittedly, in the case of software, both canned and uncanned, all of these are possible.”

❓Consider the following statement:

Whatever property is a 'Good' under Sale of Goods Act will not be an immovable property under TPA.

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Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful: Supreme Court
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Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
https://www.livelaw.in/supreme-court/supreme-court-quashes-conviction-for-stalking-due-to-marriage-between-convict-complainant-258363

In Re: Right To Privacy of Adolescents.pdf

Just Rights for Children Alliance & Anr. v. S. Harish & Ors

'Possibility Of Reformation Can't Be Ruled Out': Supreme Court Commutes Death Penalty Of Man Convicted For Murder & Sexual Assault Of 4 Year Old
https://www.livelaw.in/top-stories/possibility-of-reformation-cant-be-ruled-out-supreme-court-commutes-death-penalty-of-man-convicted-for-murder-sexual-assault-of-4-year-old-278651

💥💥 5 Important POCSO Cases of 2024

A Flawed Law And An Equally Flawed Interpretation Of That Law
https://www.livelaw.in/articles/section-200-crpc-vs-section-223-bnss-comparative-analysis-283380

Very Important to understand the law and it's nitty grities.

Section 223 BNSS Complaint to Magistrate

Recent Cases which are being discussed in the article:
1. Basanagouda R. Patil v. Shivananda S. Patil 2024 (SC)
2. Suby Antony v. JFCM-III, 2025 (KHC)

💥 Importance of Forensic science.

A Rape May not be an offence of Rape if committed on corpse.

Autopsy Report BNSS: Experts in BSA

So forensic science helps in estimating the time of death by seeing the viscera/corpse (by various ways of how body reacts as the passage of time goes) and this estimation then will have a huge role in deciding the guilt, no doubt other substantive evidences to play a role but you know modern science has got a good place in terms of accuracy the fingerprint have achieved the no error classification status.

Offence of Necrophilia in India whether punishable?

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Power Of Court To Modify An Arbitral Award – A Legal Quagmire
https://www.livelaw.in/articles/power-court-modify-arbitral-award-283404