A.M. Bhattacharjee - Matrimonial Laws and the Constitution

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Description
Since the last edition of this book in 1996, there has been an increasing awareness and implementation of the concept of individual equality politically, socially and judicially. This has led to major statutory changes in personal laws particularly those relating to marriage. Most of these changes have been presaged by judicial decisions particularly of the High Courts. Enactments such as the Prohibition of Child Marriage Act 2006 and the Indian Divorce (Amendment) Act 2001, are illustrative of this trend and have been dealt with extensively in the present edition. Several landmark decisions of the Supreme Court and of the High Courts [such as the decision in Danial Latifi v Union of India (2001)7 SCC 740 which reaffirmed parity in maintenance available to divorced women irrespective of religion and R.R. George Christopher, re (2009)8 MLJ 309 holding that although adoption has not been recognised in India among Christians, this would not stand in the way of the right of a Christian couple to adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000] have been considered and commented on. The instant edition offers a different perspective to the controversial question of the Uniform Civil Code relating to marriages and also demonstrates that many of the existing statutory provisions relating to personal laws are unconstitutional as being gender unjust. New sections have been introduced including those dealing with talak, honour killings, fatwas and secular laws.
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Contents
Chapter 1. Introduction
Chapter 2. Hindu law marriage
Chapter 3. Muslim law marriage
Chapter 4. christian law marriage
Chapter 5. Parsi law of marriage
Chapter 6. Special marriage Act 1954
Chapter 7. Uniform matrimonial code
Appendix
Index
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