Supreme Court on Marriage & Divorce, Cruelty/Dowry Death, Custody, Adoption & Maintenance (1950 to 2016) (In 2 Volumes)
The present two volume digest is the most comprehensive, systematic and analytical work on Marriage & Divorce, Maintenance, Adoption, Guardianship and Custody of Children covering the complete law on the subject as laid by the Supreme Court from its inception in 1950 to date. The digest also includes all the rulings on Dowry, Cruelty, Abetment of Suicide and Dowry Death as often these matters also involve criminal cross cases.
In India the Law of Marriage & Divorce and allied subjects is a combination of general law i.e. law which applies regardless of a person’s religion or community, and personal laws. Moreover, the Supreme Court has ruled that many important aspects of the Law of Marriage and Divorce and allied subjects are uniformly applicable regardless of personal law. Hence, the authors have adopted this spirit of Uniform Civil Code as the guiding principle for arranging the case law in this digest.
The rulings which are given here are either based on general laws, or even when arising out of personal law adjudication, are such that they are uniformly applicable or relevant to all communities like
- Marriage, Divorce, Other Unions and Children,
- Dowry, cruelty, Abetment of Suicide and Dowry Death,
- Judicial Intervention / Family Courts / Judges / Officers,
- Conversion / Reconversion, etc.
Thereafter, the authors have discussed these very topics under different Personal Laws, namely:
- Christian Law on Marriage and Divorce
- Hindu Law on Marriage and Divorce
- Muslim Law on Marriage and Divorce
- Parsi Law on Marriage and Divorce
- The law on the subject has been provided on all aspects from a general perspective under the heading The General Principles of Law Relevant to All Communities. Thereafter, the very topics have been discussed under different Personal Laws, namely Christian Law, Hindu Law, Muslim Law, Parsi Law.
- Statute and topic-wise arrangement helps to find the desired case-law on any point quickly and conveniently.
- Conceived and planned based on the time-tested SCC index system to enable the discovery of all the rulings, easily and quickly.
- Other features include Table of Cases, Bench strength and Coram, Annotations, Excellent noter-up, Notable Extracts from Supreme Court case law, List of Statutes and Cross-citations to leading journals.
Laws of Marriage and Divorce
Monica Sakhrani’s Marriage and Divorce is a simple book on Marriage and Divorce laws for laypersons. If you have a case going on, you may have different questions at different points in your case for which you are getting no clear answers. It also might be that you are at a stage where you are wondering whether to file a case or what kind of a case should you be filing. This book aims at answering most of your queries in simple terms. The book is equally valuable for even those who are planning to marry.
The objectives of this book are:-
(a) to acquaint the reader with the different personal laws in India.
(b) to explain the laws of marriage and the intricacies of marriage as a socio-legal institution.
(c) to inform the reader about the rights and responsibilities in a marriage.
(d) to explain the laws relating to divorce in India.
(e) to assist a person in discovering what are the legal options and to find a good lawyer.
(f) to decipher the intricacies of the legal process and learn how to deal with the legal procedure.
Other than the objectives mentioned above, this book cautions you not to blindly trust your lawyer but keep your eyes and ears open throughout the process. It will gradually introduce you to legal terms and technicalities so that you are familiar with the terms when you reach the part dealing with court procedure. Finally, the book aims to give you both a technical overview as well as practical tips on the law relating to marriage and divorce.