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 Home > LAWYERS > Family and Health Law > Family Law > General > |
16
This book is the most comprehensive work on the subject covering the various aspects of both codified and uncodified law. The book has been divided into four parts with each part providing an insight into different aspects of family law.
1. The first part, “Introduction”, gives a proper insight into the origin of family and the sources of family law for various religions.
2. The second part, “Marriage”, deals with marriage explaining the object, nature, kind, conditions and formalities of marriage.
3. The third part, “Breakdown and Remarriage”, explains the concepts of judicial separation, restitution of conjugal rights, divorce and remarriage in detail.
4. The fourth part, “Maintenance, Guardianship, Paternity, and Adoption”, discusses and analyses provisions of maintenance, guardianship, paternity and adoption.
Written in simple and lucid style, the work has significant amount of case-laws references to further elucidate every point discussed. The author has discussed landmark judgments of Supreme Court. Further contemporary issues such as irretrievable breakdown of marriage and same sex marriage have been discussed. The noteworthy features of this book are that the topics have been given systematically in personal law-wise order and important cases have been marked as Key Cases for easy reference.
This book is an ideal teaching and learning tool for students and teachers of Indian law schools. The book will be a valuable addition to the literature on the subject.
Sectionwise Contents
Table of Cases
Table of Statutes
Tables
Abbreviations
PART I
INTRODUCTION
CHAPTER 1
Family: Meaning, Origin, Types and Functions
Meaning of family
Friedmann’s view
Origin of family
Prehistoric period
Birth of groups and clans
“Ubi societas, ibi jus”
Types of family
Hindu joint family
Roman joint family
Functions of a family
Marriage
Western outlook
Modern family and current developments
CHAPTER 2
Sources
Family laws
Plurality of family laws in India
Hindu Law
Who is a Hindu?
Sources (Contd.)
Sources of Hindu Law
PART II
MARRIAGE
CHAPTER 3
Marriage
Institution of marriage: Its object, nature and kinds
Hindu Law
Object
Kinds
Muslim Law
Object
PART III
BREAKDOWN AND REMARRIAGE
CHAPTER 4
Breakdown (Introduction)
CHAPTER 5
Restitution of Conjugal Rights
Constitutionality of this remedy
Hindu Law
Restitution of conjugal rights: Provision
Principle
What the petitioner has to prove?
How to oppose a petition for restitution of conjugal rights?
Transfer of proceedings
Burden of proof
CHAPTER 6
Judicial Separation
Difference between divorce and judicial separation
Judicial separation as a cause for divorce
Its effect
Hindu Law
Muslim Law
CHAPTER 7
Divorce
Theories of divorce
Fault theory
Consent theory
Accepted by majority countries
Criticism against the consent theory
Other grounds
PART IV
MAINTENANCE, GUARDIANSHIP, PATERNITY AND ADOPTION
Maintenance of Wife, Children and Other Dependants
Introduction
Meaning
Applicable laws
Maintenance of wife
Pendente lite and expenses of proceedings
Hindu Law
Conditions
Important ideas inherent in the section
Considerations
Hindu Adoptions and Maintenance Act, 1956
Subject Index
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