At the Ekam Nyaay Conference 2025, Pre-Nuptial India founder Ankur Borwankar confirms Indian laws already recognize and enforce prenuptial agreements. He debunks viral myths and says prenups protect couples with fairness, clarity and legal certainty.
New Delhi: At the Ekam Nyaay Conference 2025, held on International Men’s Day, a wide range of pressing and often controversial legal issues were discussed, drawing the attention of legal experts, social commentators, and the general public alike.
Among these, the topic of pre-nuptial agreements stood out, as it continues to generate confusion and debate regarding its legality and enforceability in India. On this subject, Ankur Borwankar, founder of PreNup India, took the stage to provide clarity, addressing misconceptions and common myths surrounding pre-nups.
He explained how such agreements are recognized under various personal laws in India, including the Parsi Marriage Act, the Divorce Act, and traditional Nikahnamas, and emphasized that they are largely legal and enforceable, contrary to widespread belief.
‘Prenuptial Agreements Fully Legal and Enforceable in India’, he Clarifies. Addressing common misconceptions, he clarified several myths about the legality of prenups in the country:
- “There is a law against prenups in India” – This is incorrect. No statute renders prenuptial agreements illegal, he says
- “Multiple judgments declare prenups illegal” – No such judicial rulings exist, he says
- “A Supreme Court PIL has declared prenups illegal” – This claim is false; no such public interest litigation has ever been filed, he says
- “The Hindu Marriage Act prohibits prenups” – This is untrue; the Act does not mention or ban prenuptial agreements.
Mr. Ankur emphasized that prenups are recognized under various Indian laws, including the Divorce Act, the Parsi Marriage Act, and Islamic marriage contracts, where the Nikahnama functions as a prenuptial agreement. He also noted the Goa Civil Code (Portuguese Civil Code), which explicitly allows pre-nuptial agreements. Such agreements can be registered and attached to legal documents, making them fully enforceable under Indian law.
“Prenups in India are not only legal but also recognized across multiple legal frameworks, providing couples with clarity, protection, and certainty in their marital arrangements,” Mr. Ankur concluded.
Prenuptial agreements are fully legal in India, and claims that they are “illegal” are incorrect, according to Ankur, Citing historical and legal precedents, he emphasized that prenups are not only legally valid but also culturally relevant in certain contexts.
Highlighting historical practices, Mr. Ankur referred to a traditional contract in Gujarat that allowed men and women to formalize partnerships for various reasons, including illness or companionship. These agreements could be registered, functioning similarly to modern prenups. Over time, such practices were considered outdated, though the principles of contractual autonomy remain relevant today.
Mr. Ankur noted that the current legal framework for marriage in India is insufficient to address the complexities of modern marital relationships. Divorce and other marital provisions, he argued, are often inadequate to resolve disputes effectively.
He also emphasized the constitutional basis for prenups, noting that marriage and contract laws fall under the Concurrent List of the Constitution of India, allowing both the central and state governments to legislate on these matters. Examples include Uttarakhand’s civil courts and the Portuguese Civil Code in Goa, which allow civil agreements in marital contexts. Recently, the Rajasthan High Court directed the state government to create legal provisions recognizing living relationships, further supporting contractual freedom in marital arrangements.
“The right to freely contract is a fundamental right, essential to social structure, economic freedom, property rights, and individual liberties,” Mr. Ankur said.
He emphasized that this autonomy allows individuals to decide whether to enter into a prenup or rely on existing laws such as the Hindu Marriage Act.
He says that there is an important distinction between legality, validity, and enforceability in the context of contracts, including prenuptial agreements. While often used interchangeably in casual discussions, these concepts have distinct legal implications.
As noted by Ankur,
“What is invalid can still be legal, and what is unenforceable can be fully valid in every other respect, particularly in contractual law.”
He emphasized that as long as agreements meet certain statutory requirements, they fall under the purview of state laws and the Indian Contract Act, 1872.
He further noted that courts in Delhi and Gujarat have recently recognized this principle, acknowledging that certain prenuptial agreements, while unenforceable in specific contexts, remain valid and admissible under Indian law.
“There have been pronouncements from Mumbai and Delhi Family Courts that such agreements should not be overlooked,” he said.
A Delhi court led by Judge Harish Kumar went as far as advocating that prenups be made mandatory, proposing they be executed following counselling to mitigate the risk of “law-induced mental cruelty.” Referring to a Mumbai Family Court judgment, he noted that although courts may not treat prenups as fully enforceable contracts, they do consider them as relevant evidence of the parties’ underlying intentions.
Prenuptial agreements (prenups) in India are gaining recognition not just as tools for financial planning, but as instruments to strengthen communication, clarify expectations, and safeguard both parties in marriage, experts say.
While the public discourse often focuses on alimony and maintenance, prenups can cover children, inheritance, businesses, and even pets, according to Ankur. He cited a recent case from Bhopal where a couple divorced within six months due to disputes between their dog and cat highlighting the value of addressing all lifestyle concerns early on.
Contrary to popular belief, signing a prenup is not a red flag. Rather, it reflects a mature approach to marriage signaling open communication, transparency, and a willingness to address potential issues before they escalate. Ankur emphasized that the process of drafting a prenup often uncovers “red flags” early, allowing couples to make informed decisions and build stronger foundations.
The goal, he added, is not to prescribe outcomes but to prevent disputes before they arise, allowing couples to grow together on a clear and agreed-upon foundation. In doing so, prenups can reduce the incidence of long, acrimonious divorce proceedings and ensure equitable arrangements in line with both parties’ intentions.
Explanatory Table of Sections and Case laws cited
| Reference | Provision / Law | Meaning / Context | What He Said / Key Point |
| Hindu Marriage Act, 1955 | Section relating to maintenance/alimony | Governs marriage, divorce, maintenance for Hindus | Prenuptial agreements under HMA can be enforced in matters of alimony and maintenance. Example: Jamna Das v. Himachal Pradesh (1974). |
| Parsi Marriage and Divorce Act, 1936 | General provisions for marriage & divorce | Governs Parsi marriages, including property and maintenance | Prenuptial agreements recognized under this law as valid contracts between parties. |
| Nikahnama (Islamic marriage contract) | Sharia law-based marital agreement | Prenup equivalent in Muslim marriages | Recognized as a legal agreement; demonstrates prenups exist in Indian culture. |
| Goa Civil Code / Portuguese Civil Code | Provisions on marriage contracts | Civil code governing Goa; allows prenup registration | Prenups are registrable, attachable, and enforceable in Goa. |
| Contract Law / Right to Contract | Indian Contract Act, 1872 | Contracts must meet legality, consent, consideration, etc. | Prenuptial agreements are contracts; their enforceability is governed by general contract principles. |
| Cor v. Singh (1991, Punjab HC) | Contract validity vs. enforceability | Differentiates: illegal vs. void contracts; legal but unenforceable vs. illegal | “Illegal and void” contracts are penalized; “void and legal” contracts may be valid for evidence. Demonstrates legal nuance for prenups. |
| Jamna Das v. Himachal Pradesh (1974) | Hindu Marriage Act | Prenup enforced regarding alimony/maintenance | Chief Justice Ranak upheld prenup clauses; shows enforceability under Indian courts. |
| Commissioner of Income Tax v. Mansu Cry More (1988, Calcutta HC) | Property transfer & trust | Prenup-related property transfer recognized | Court upheld that transfer under prenup is a legal obligation, protecting parties from Income Tax disputes. |
| Constitutional Law | Concurrent List, Constitution of India | Both Centre and States can legislate on marriage & contracts | Explains why states like Goa and Rajasthan can have their own civil codes / provisions for prenups. |
| Uniform Civil Code (UCC) | Proposed legislation | Harmonization of marriage & family laws across religions | Suggested inclusion of prenup provisions to standardize enforceability across India. |
Event Details
| Detail | Information |
| Event Type | Discussion on Prenuptial Agreements in India – Ekam Nyaay Conference |
| Audience | Lawyers, Legal scholars, and individuals interested in family law – Possibly included domestic dispute resolution professionals |
| Event Outcome / Key Takeaways | – Prenuptial agreements are legal and enforceable in India – They cover more than alimony: children, inheritance, property, business, pets – Prenups promote transparency and prevent future disputes – Central recognition and legal standardization recommended |
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