An antenuptial agreement, also known as a marriage contract, is a contract entered into by the parties before marriage, the union of stands or people who wish to marry or conclude between them. The content of a conjugal agreement is very different, but it generally contains provisions relating to the division of ownership and the assistance of the spouse in the event of divorce or dissolution of the marriage. It may also contain terms relating to the forfeiture of assets following a divorce for adultery. In India, marriage contracts are not valid legally or under the laws of marriage, because they do not consider marriage as a contract, but in Goa it is legally applicable under the Portuguese Civil Code of 1867. A marriage in India is treated as a religious link between husband and wife and marital agreements are not socially accepted in the country. However, these agreements are subject to the Indian Contracts Act and have as much sanctity as any other oral or written contract. In the case of S.V. Narayanaswamy vs. Savithramma 2013R.F.A. No.
1163 of 2002 v R.F.A.No.1164 of Karnataka High Court, the complainant sought to prove the existence of an oral agreement on the sale of real estate, which was strongly alleged. With the complainant`s proof allowance, she did so by issuing cheques in several amounts for the entire estate consideration. In developing various pieces of evidence indicating the existence of a whole, the Tribunal confirmed the existence of the verbal agreement based on the examination of the evidence presented. Under the 1872 Act, a valid oral agreement of value can be obtained in court. However, it is always difficult to prove the existence or exact terms of the agreement in the event of a dispute. So there has to be an agreement that should be legally applicable. Under section 13 of the act, two or more people would have to accept a common cause if they agreed to the same thing. Approval is considered the most fundamental element of a contract. The next section is about free consent, which is essential for a valid contract. Consent is considered free and valid if it is not caused by: the section also mentions that nothing contained concerns a law in force in India and is not expressly annulled by this, by which any contract must be concluded in writing or in the presence of witnesses or a law on the registration of documents.
On the other hand, oral agreements are words, gestures, symbols by which one party transmits a promise or a series of promises to another, which becomes a valid oral agreement if accepted by the other party. They may be expressive or implicit. Valid oral agreements are legally applicable in court. It is not, however, of great probative value, because the agreement is obtained by the buer and by second-hand knowledge. In the case of litigation or legal action, it is difficult for the court to determine the true nature of the facts and terms of the agreement without the bias being applied.