Hardik Pandya-Natasa Stankovic Divorce: Rumors have been rife for the past several months, but Indian cricketer Hardik Pandya and Serbian model Natasa Stankovic have now officially decided to get divorced. In a joint statement released on July 18, the couple said they were separating by mutual consent and wrote “We have tried our best together and given our best, and we believe this is in the best interest of both of us.” While the internet is divided on the matter, many netizens – albeit Indian cricket fans – have come out in support of Hardik.
Just like the divorce rumours, many in the gossip mills have also claimed that Natasa will demand a hefty alimony. Among other things, what added fuel to the fire was Natasa’s now-deleted post on Instagram Stories, which reportedly read: “Someone is going to hit the streets”. Earlier, 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 have made any official statement on the terms of the alleged settlement.
Many netizens have expressed concern about Hardik, saying that no matter what the reason for the divorce, Hardik should not give up most of his assets (based on settlement rumours and many high-profile celebrity divorces around the world). This has brought focus to the legal status of pre-marital agreements in India.
What is a prenuptial agreement?
A prenuptial agreement is a written contract entered into by a couple before marriage, enabling them to choose and control many of the legal rights they will receive when they marry, and what happens when their marriage is ultimately ended by death or divorce. Couples resort to prenuptial agreements to change many of the default marital laws that would otherwise apply in the event of a divorce, particularly with regard to the division of property and retirement rights. Prenuptial agreements are considered valid in many European countries, England, the US, and Australia, among others.
What is the legal status of prenuptial agreements in India?
Advocate Shraddha Karol, practising in the Supreme Court, Himachal Pradesh High Court and Delhi High Court, gives her tips on the validity of prenuptial agreements.
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 the enforceability of any agreement, such as a pre-nuptial agreement, is not recognised. Muslim and Christian laws also do not recognise pre-nuptial agreements.
Also read: Know why Hardik Pandya and Natasha Stankovic got divorced – in pictures
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 does not recognise it, it will at the most have a persuasive value.
There are several provisions in India under which a wife can claim maintenance. However, Section 24 of the Hindu Marriage Act is a gender-neutral section where either spouse can apply for alimony depending upon their asset and liability status. Hon’ble Courts have recognised this right for a capable person who cannot actually maintain himself.”
