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Volume 1 of the current second edition of this comprehensive work has been thoroughly revised and updated with the latest case laws and statutory updates. The work covers various aspects of both codified and uncodified law.
What is new in this edition: * Chapters on divorce, maintenance, and custody have been thoroughly updated. * Discusses the latest case-law developments in the areas of maintenance of wives, husbands, and children. * New cases have been included under various topics such as bigamy, adultery, fraud, and coercion. * Discusses the case laws with instances of awarding custody of children to mother, father, and even grandparents. * Includes the law on Triple Talaq, which has been promulgated as an Ordinance. * Status of live-in relationships has also been discussed with regard to rights on divorce along with the recent judgments on same-sex relationships. Notable features include Short accessible chapters for easy navigation through the book. * Fully updated with the latest legislative and case law developments. * All statutory and customary laws have been arranged topics and discussed in detail. * Key Cases have been highlighted.
Also included are additional learning resources on www.ebcexplorer.com:
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
Table of Statues
Table of Cases
Tables
Abbreviations
Part V - JOINT HINDU FAMILY
13. Joint Hindu Family
Part VI - SUCCESSION
14. Testamentary Succession
15. Intestate Succession — Hindu Law
16. Intestate Succession — Muslim, Christian and Parsi Laws
Part VII - GIFTS AND CHARITY
17. Gifts
18. Religious and Charitable Endowments
Part VIII - DISPUTE RESOLUTION
19. Family Courts
Subject Index
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