Prenuptial agreements should be made required before people get married in order to teach couples about the risks of marriage and prevent mental cruelty, a Delhi family court noted recently while hearing a divorce case.
Judge Harish Kumar of a family court issued an order on October 3 granting a "no-fault divorce" by mutual consent, using its authority under section 13B of the Hindu Marriage Act. The court noted that the parties are not willing to live together in the future and that there is consent for the dissolution of their marriage.
Given the potential for weddings to "go haywire," a Delhi court has declared that the time has come to need prenuptial agreements following the couples' counseling.
The court made it clear in its ruling that if a breach is not reported, the person who is allegedly at fault won't be heard later and urged for reports to be made each time one occurs
The parties must remain together for a period of six to eighteen months following the filing of the divorce petition in order to reconsider their decision to end the marriage, according to another legal requirement.
Judge Kumar noted that all other requirements were met, with the exception of the petition of mutual consent. "In the present case, their respective decisive willingness to dissolve their marriage has been continuously present for the last seven years but simply because willingness/consent were not in the particular form required under Section 13B of the HMA both have been suffering because of each other's respective pleaded case/stand," the judge said.
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