B.M. Gandhi's Family Law Volume 1

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:

• Access to important case law as indicated by Case Pilot.
• TM Discussion Forum to post comments, and discuss and explore ideas.
• TM Useful Links get access to articles on Family Law, updates, and a host of other learning resources.
• The work is an ideal teaching and learning tool for students and teachers and a valuable addition to the literature on the subject.

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