Muslims have no marriage disputes regarding maintenance or dowry on account of “mehar”. Hence in cases relating to maintenance u/s 24-25 HMA, nuptial contract should be allowed as legal alongwith 10% annual increase from date of contract to date of payment.
a) Nuptial contract be allowed. The oaths, promises and undertaking that is administered at the time of marriage (Hindu marriages) needs drastic amendments as it is of Vedic age. Times have changed and laws of the land have changed. Men and women need to treated as equals and the new contracts or oaths should include that both husband and wife will try to support the family and work for the family and be responsible for the family in equal measure. It should also include that if at any stage, some discord develops, it is the duty of both to try and settle it amicably whether it is financial matter or any other. So, to protect the institution of marriages, new rules should provide the couples some scope to live apart or get separated permanently with settlements by mutual agreements entered into at time of marriage.
b) Separate chapter be added “Rights and duties of husband and wife”
c) All gifts given to either party be compulsorily written down and witnessed by both sides including one person of eminence or a lawyer. no gifts to girl or boy of jewelry and clothes by either side. All common expenses to be shared 50:50.
It will save
marriages and reduce unnecessary burden on courts and protect people from going
through prolonged mental tensions.
Kapil Dev Aggarwal.
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