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Law of Marriage and Divorce

Law of Marriage and Divorce

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Description
Marriage is a sacred bond between a man and a woman but assuming a contractual colour with the passage of time. The modern society is moving at a great speed with transsexual marriage diluted by myriad other forms. Issues in marriage which were unheard of before have surfaced in the society. Thus, marriage between same sex, lesbian couples having children with artificial insemination, matrimonial relationships contracted overseas, unwed mother and the practice of living together have smuggled in new considerations in this realm. Coverage of the-edition This edition contains a comprehensive study of all the facets relating to marriages taking place in India and also in foreign countries like Australia, U.K. and U.S.A. It adequately focuses on day to day matrimonial problems with suggestions for solutions in the light of judicial pronouncements from competent courts. The historical background and development of matrimonial institutions, rules of construction in matrimonial matters, grounds for dissolution, extra-judicial separation, maintenance, custody of child as well as divorces are the major areas reflected upon in this exhaustive volume. Alternative redressal forum
The emergence of family courts as an alternative dispute redressal forum is a new phenomenon that attracts attention in this context. This commentary deals with the rules prevalent in different States in this sphere and lays down model forms of petitions, plaints and defences for ready reference of the affected persons. Focus on emerging issues Next in importance is the unhappy occurrences taking place in the society like violence against wife at home, torture of newly wed young girls, dowry deaths, cohabitation outside marriage, status of children born out of annulled marriages, maintenance issues, etc. An elaborate treatment punctuated with judicial pronouncements are the other distinguishing features of this book by an established scholar in law. Recent amendments In recent times there have been four amendments to the marriage laws such as the Marriage Laws (Amendment) Act 1999, the Marriage Laws (Amendment) Act 2001, the Marriage Law (Amendment) Act 2003 and Indian Divorce (Amendment) Act 2001 which add new dimensions to the Hindu Marriage Act 1955, the Special Marriage Act 1954 and the Divorce Act 1869. Author has taken special care to deal with the impact of such amendments. Every section of the public will find this book an useful one, particularly the affected persons, lawyers, judges, cademicians and other concerned.
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Contents
Part I - General
    Chapter 1 - Rules of Construction
    Chapter 2 - Institution of Marriage
Part II - Hindu Marriage and Divorce Law
    Chapter 3 - Law of Hindu Marriage and Divorce
    Chapter 4 - The Hindu Marriage Act, 1955
Part III - Special Marriage & Divorce Law
    Chapter 5 - The Special Marriage Law
Part IV - Indian Divorce Law
    Chapter 6 - The Divorce Act, 1869
    Chapter 7 - The Indian Christian Marriage Act, 1872
Part V - Foreign Marriage & Divorce Law
    Chapter 8 - Foreign Marriage Act, 1969
Part VI - Converts’ Marriage Dissolution Law
    Chapter 9 - The Convert’s Marriage Dissolution Act, 1866
Part VII - Muslim Marriage and Divorce Law
    Chapter 10 - Muslim Marriage and Divorce Law
    Chapter 11 - The Dissolution of Muslim Marriage Act, 1939
    Chapter 12 - Maintenance under Muslim Law
    Chapter 13 - Divorce Laws in Pakistan and Bangladesh
Part VIII - Parsi Marriage and Divorce Law
    Chapter 14 - The Parsi Marriage & Divorce Act 1936
Part IX - Dowry Prohibition Law
    Chapter 15 - The Dowry Prohibition Act, 1961
    Chapter 16 - The family Courts Act, 1984
Part XI - Appendices
    1.    High Court Rules
    2.    Registration of Marriage Rules
    3.    Parsi Marriage and Divorce Act-High Court Rules
    4.    Family Courts Rules of Different States
    5.    Model Forms of Petitions, Plaints and Defences
    6.    The Prohibition of Child Marriage Act, 2006
Index
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Author Details
H.K. Saharay
, MA (Triple), M.Com, LL.B., PhD (London), Barrister
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