Family Law Volume 1

Abstract

This book is a detailed study on family law in India. It attempts to combine women’s rights into legal theory, and uses case laws extensively. The book is composed of three chapters, starting with a discussion on the concepts of justice, law, and gender. The next chapter examines various personal laws — Parsi, Jewish, Hindu, Islamic, and Christian — related to marriage, property rights, succession, and divorce. Each of these laws is examined for the colonial and post-colonial periods. The final chapter focuses on the different constitutional provisions important to personal laws and in the role of the judiciary in the reconciliation of personal laws of each community and the supreme constitutional provisions. This chapter also attempts to determine whether the law can be conformed to the modern changes made through and in both the statutory law, formal, and the pluralistic and fluid community-based practices. The book presents a comparison of the personal laws of the majority and minority communities, as well as a study of the Uniform Civil Code. These discussions prepare the reader for the second volume, where the author acknowledges and discusses three distinct concerns: matrimonial rights, the obligations and the procedural aspect of the functioning of family courts in India, and women’s rights within the law of marriage and divorce.

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