Marriage & Divorce

The instant 7th edition offers a discerning exploration of marriage and divorce laws with updated nuanced interpretations and judgements. The distinctive feature of this edition is the introduction of a healing touch in the sea of marital conflicts, a dedicated chapter on reconciliation highlighting the potential of mediation as a constructive method to solve marital conflicts. Maintenance & custody and divorce & Nullity of marriage are the significant and sensitive domains of conflict when matrimonial bonds are fractured, and have been extensively discussed in alignment with landmark decisions.

Key Features

• Detailed analysis of matrimonial cruelty in light of Apex Court guidelines
• Judicial treatment of adultery and unconventional factual situations
• In-depth discussion on mediation and alternative dispute resolution in matrimonial matters
• Legal recognition and implications of live-in relationships
• Examination of pregnancy per aliam and its effect on matrimonial reliefs
• Updated case law and statutory developments relevant to marriage and divorce jurisprudence

This book is primarily intended for law students, judicial service aspirants, practicing advocates, family court practitioners, academicians, and researchers specializing in family and matrimonial law.

1. Introduction—Evolution of Family & Marriage
2. Marriage Acts Applicability and Domicile
3. Jurisdiction
4. Conditions of Valid Marriage
5. Solemnization and Registration of Marriages
6. Nullity of Marriages
7. Restitution of Conjugal Rights
8. Judicial Separation and Divorce
9. Adultery
10. Cruelty
11. Desertion
12. Legitimacy of Children of Void and Voidable Marriage
13. Conversion and its Effect on Marriage
14. Mental Incapacity and Mental Disorder-Marriage and Divorce
15. Bars to Matrimonial Reliefs
16. Alimony
17. Custody & Guardianship of Children
18. Reconciliation with Special Reference to Mediation
19. Procedure in dealing with Matrimonial Proceedings
20. Appeal
21. Prosecution for Matrimonial Offences
22. Maintenance through Criminal Court Summary Procedure
23. Consequence of Marriage under the Special Marriage Act
24. Distribution and Misappropriation of Matrimonial Property
25. Mohammedan Law of Marriage and Divorce
26. Marriage and Conflict of Laws
Appendices
Appendix
1. The Family Courts Act, 1984
2. The Special Marriage Act, 1954
3. The Hindu Marriage Act, 1955
4. The Prohibition of Child Marriage Act, 2006
5. The Dissolution of Muslim Marriages Act, 1939
6. The Muslim Women (Protection of Rights on Divorce) Act, 1986
7. The Muslim Women (Protection of Rights on Marriage) Act, 2019
8. The Indian Christian Marriage Act, 1872
9. The Parsi Marriage and Divorce Act, 1936
10. The Divorce Act, 1869
11. Model Forms of Petitions, Plaints and Defences
Index