Marriages based on contracts are not acknowledged as legally valid in India. The country follows a system where marriage is predominantly regulated by personal laws tied to one’s religious beliefs, and the notion of a contractual marriage lacks recognition within the established legal framework.
A contractual marriage involves a marital arrangement in which partners create a private contract outlining the terms and conditions of their union. This contractual agreement can encompass elements like property rights, financial agreements, and the intended duration of marriages.
Are contractual marriages legal in India?
In India, the legal system does not acknowledge contractual marriages. The country’s marriage regulations are chiefly guided by personal laws associated with one’s religion or, in instance of interfaith or secular marriages, by special Marriages Act of 1954. These legal provisions do not accommodate or validate contractual marriages. Instead, they mandate adherence to conventional marriage ceremonies and established legal procedures.
There were no specific case laws related to contractual marriage in India. But there are cases related to aspects of marriage, including disputes or nullification of marriages such as V. Revathi v. Union of India (1988) 1988 AIR 835, 1988 SCR (3) 73 which discusses the validity of marriage contract
In summary, contractual marriages lack legal regal recognition in India, where marriage is primarily governed by personal laws based on religion or the Special Marriage Act for interfaith unions. The prevailing legal frameworks emphasise adherence to traditional rituals and established procedures, highlighting the non-existence of a legal framework for contractual marriages in the country.
The perception of contractual marriages varies among individuals. Some view them as practical tools for clarifying financial expectations protecting individual interests, while others may have concerns about how such agreements impact the emotional aspects of life. The opinions are subjective and depend on individual values and perspective.
Done By: Reshma A, 5th year B.Com.,LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
