Hardik Pandya-Natasha Stankovic Divorce Rumours: For the past few days, popular Indian cricketer Hardik Pandya and Serbian model Natasa Stankovic’s marriage rumours have taken the internet by storm. Speculations are being made on the status of their marriage and divorce rumours are also doing the rounds. 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 hit the streets”. It was also rumoured that as part of the divorce settlement, Natasa has claimed 70 per cent of the star cricketer’s wealth. However, neither Natasa nor Hardik Pandya have made any official statement – be it the divorce or the terms of the alleged settlement.

While many social media users began trolling both parties about these alleged agreement terms, many also began commenting that whatever the reason for the alleged rift, Hardik should not give away most of his wealth (as per the agreement rumours). This has brought the focus on the legal status of pre-marital agreements in India. Advocate Shraddha Karol, Who practices in the Supreme Court, Himachal Pradesh High Court and Delhi High Court, gives her suggestions on the validity of prenuptial agreements.

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Are prenuptial agreements legal in India?

Advocate Shraddha Karol on prenuptial agreements in India:

“Pre-nuptial agreements are not recognised in India. The Hindu Marriage Act 1955, which covers Hindus, Sikhs, Jains and Buddhists, considers marriage a sacrament, not a contract and thus does not recognise the enforceability of any agreements, such as pre-nuptial agreements. Muslim and Christian laws also do not recognise pre-nuptial agreements.

In the case of the Special Marriage Act, where the marriage is between two parties belonging to different religions, the marriage is a civil contract; in that case, though the prenuptial agreement is not recognised, it will at the most have a persuasive value.

There are various provisions under which a wife can claim maintenance in India. However, Section 24 of the Hindu Marriage Act is a gender-neutral section where either spouse can apply for alimony depending on their assets and liability status. The honourable courts have recognised this right for a capable person who cannot actually maintain himself.