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Home > Lawyers > Family and Health Law > Family Law > General > Vol.1, 2nd Edition, 2019
Vol.2, 2013 Edition
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Family Law Family Law
Family Law
by B.M. Gandhi
Edition: Vol.1, 2nd Edition, 2019
Vol.2, 2013 Edition
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Product Details:
Format: Paperback
Pages: 784 pages
Publisher: Eastern Book Company
Language: English
ISBN: 9789350287248, 9789350287415,9789388822404
Dimensions: 24*15*3.5 CM
Shipping Weight: 0.950(Kg)
Publisher Code: AB/724, AB/741
Date Added: 2019-06-04
Search Category: Textbooks,
Jurisdiction: indian
Overview:

BM Gandhi’s Family Law Volume 1 has been thoroughly revised to include the latest syllabus and statutory updates. Chapters on divorce, maintenance and custody have been thoroughly updated. Latest case development in case of maintenance of wives, husbands and children have been dealt with. New cases have been included under various topics such as bigamy, adultery, fraud and coercion. Case laws which deal with instances of awarding custody of children to mother, father and even to grandparents have dealt with and updated.

Personal laws of all communities have been updated. The law on Triple Talaq could not be passed in Rajya Sabha and has been promulgated as an ordinance has been included. Status of live-in relationships has also been discussed with regard to rights on divorce along with the recent judgment on same-sex relationships.

Systematically written, the book is divided into two volumes and contains 18 chapters overall. Volume I consists of 12 chapters divided into 4 parts viz. Introduction, Marriage, Breakdown, Re- Marriage, Maintenance, Guardianship, Paternity and Adoption. Volume II contains 6 chapters divided into 4 parts pertaining to- Joint Hindu Family, Law of Succession in India, Gifts & Charity and Dispute Resolution. The last chapter on Dispute Resolution is necessarily marked by ‘Family Courts Act, 1984- a secular dispute resolving Act in India.’ 

 

The notable features of this book are:

  • Short, accessible chapters so that you can navigate through the book with ease.
  • Fully updated with latest legislative and case law developments.
  • Key Cases have been highlighted.
  • Includes a companion web resource EBC ExplorerTM (www.ebcexplorer.com), powered by SCC Online®️ providing access to important cases, indicated by the Case PilotTM icon.
  • Find articles on Family Law, updates, a discussion forum and a host of free learning resources on EBC ExplorerTM (www.ebcexplorer.com).

This book will be useful for law students, legal practitioners, judges and all those interested in reading about the subject.

 

Systematically written, the book is divided into two volumes and contains 18 chapters overall. Volume I consists of 12 chapters divided into 4 parts viz. Introduction, Marriage, Breakdown, Re- Marriage, Maintenance, Guardianship, Paternity and Adoption. Volume II contains 6 chapters divided into 4 parts pertaining to- Joint Hindu Family, Law of Succession in India, Gifts & Charity and Dispute Resolution. The last chapter on Dispute Resolution is necessarily marked by ‘Family Courts Act, 1984- a secular dispute resolving Act in India.’

 


Table Of Contents:

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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