Marriage and Matrimonial Remedies


Book Description







Marriage and Divorce in a Multi-Cultural Context


Book Description

American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.




The Divorce Remedy


Book Description

Provides advice for couples contemplating divorce who still hope to save their marriages, and suggests ways to deal with infidelity, depression, a midlife crisis, sexual problems, and other common issues.







Hindu Divorce


Book Description

This comparative study investigates the place of Hindu divorce in the Indian legal system and considers whether it offers a way out of a matrimonial crisis situation for women. Using the narratives of the social actors involved, it poses questions about the relationship between traditional jurisdictions located in rural areas and the larger legal culture of towns and cities in India, and also in the UK and USA. The multidisciplinary approach draws on research from the social sciences, feminist and legal studies and will be of interest to students and scholars of law, anthropology and sociology.







Family Law


Book Description

Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 2 examines: the litigation around the validity of marriage and procedures for dissolving it, the contemporary debates around issues such as child marriages, NRI marriages, and registration of marriages the framework of law on the issues of maintenance, matrimonial residence, and custody and guardianship of children, and whether considering the procedural aspects of matrimonial law, and the increased powers of the family courts, gender justice concerns are being adequately addressed. The volume also emphasizes that it is necessary and possible for the law to fairly reflect individual and social contingencies at the ground level.




Private International Law in Commonwealth Africa


Book Description

A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.




Violence, Gender and the State


Book Description

This book examines the adequacy of laws in India as a response to sexual and gender-based violence against women. It addresses questions such as: is law doing enough in responding to violence against women in India? Where are the barriers and bottlenecks, particularly for women from marginalised communities? What can be done to ensure that justice is rendered? Based on women’s experience of violence, not solely on the basis of gender, but a combination of caste, class, and religious and gender identities, the book examines law as a response to gendered violence against women in India through the lens of intersectionality. It combines socio-legal and feminist analyses of relevant statutes on sexual and gender-based violence, their judicial interpretations, their implementation by law enforcement agencies, and their ramifications for women’s lives. This book will be of interest to academics, research scholars, and students in a range of disciplines, including law, women’s studies, gender and sexuality studies, victimology, sociology, political science, and human rights. It will also be useful for policymakers, advocates, judicial officers, paralegal workers, women’s rights campaigners, non-profit organisations and, globally, anyone interested in and concerned with justice for women in India.