Supreme Court on Marriage and Divorce (Cruelty/Dowry Death Custody, Adoption & Maintenance) (2 Volume Set)

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Description
This Digest is a compilation of all rulings of the Supreme Court since 1950 on Marriage and Divorce, Maintenance, Adoption, Guardianship and Custody of Children. Due the fact that often these matters also involve criminal cross cases, it was thought it would be most useful for the reader to have all the rulings on Dowry, Cruelty, Abetment of Suicide and Dowry Death in the same digest. This makes this the most comprehensive digest on broadly the Law of Marriage and Divorce and allied subjects, covering both the civil law and criminal law aspects. In India the Law of Marriage and Divorce and allied subjects is a mix of general law i.e. law which applies regardless of a person's religion or community, and personal laws i.e. laws which apply based on a person's religion or community. Article 44 of the Constitution envisions a Uniform Civil Code throughout the territory of India. The Supreme Court has repeatedly called upon the Government to enact suitable legislation to bring forth a Uniform Civil Code. 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, and that general statutes like the Guardian and Wards Act, 1890 should be interpreted regardless of personal law. Furthermore, there are a number of striking similarities in the grounds on which divorce may be sought under the (Christian) Divorce Act, 1869, the Parsi arriage and Divorce Act, 1936, the Dissolution of Muslim Marriages Act, 1939, and the Hindu Marriage Act, 1955. The Law of Adoption is now governed for all communities by Rules made under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Majority Act, 1875, the Guardian and Wards Act, 1890 and the maintenance provisions under Ss. 125-128 of the Criminal Procedure Code, 1973 are again laws applicable irrespective of community. Thus, a careful examination of the existing law suggests that there is already a strong foundation for a Uniform Civil Code, and more and more the Supreme Court is refusing to give effect to Personal Laws that are not in consonance with Constitutional values and is interpreting the general law accordingly. The reader may see the rulings particularly under 1.1.3 Uniform Civil Code' in Vol. 1.
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Contents
In Volume 1
1. General Principles of Law Relevant to All Communities.
1.1 Generally
1.2 Marriage, Divorce, Other Unions and Children
1.3 Dowry, Cruelty, Abetment of Suicide and Dowry Death
1.4 Adoption
1.5 Guardians and Wards
In Volume 2
1.6 Maintenance and Financial Provision/Alimony/Palimony
1.7 Judicial Intervention/Family Courts/Judges/Officers
1.8 Conversion/Reconversion of Religion
2. Christian Law on Marriage and Divorce
3. Hindu Law on Marriage and Divorce
4. Muslim Law on Marriage and Divorce
5. Parsi Law on Marriage and Divorce
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Author Details
Surendra Malik
Sudeep Malik