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.
This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.
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.
This study traces the growth of the concept of divorce through the Dharmasastra, custom, case-law and legislation with special reference to the inter-pretation of the relevant provisions under the Hindu Marriage Act, 1955, pointing out how law has influenced society and vice versa. The work is comparative and presents a picture of the role played by English judicial precedent in Hindu law. For the legal profession as well as the student of modern comparative law this book should prove a valuable compact study.
This work, first published in 1968, presents the fabulous world of Hinduism in its entirety in two volumes. It is the first general encyclopedia of Hinduism covering every major aspect of Hindu life and thought, embodying the results of modern scholarship yet not ignoring the traditional point of view. It contains over 700 articles, each of which gives a comprehensive account of the subject, and by a system of cross references interlinks all topics related to it, so that a single theme may be traced in all its ramifications through the whole book. An index of over 8,000 items, which in itself forms a veritable treasury of Sanskrit terms and names, will further assist the researcher finding their way among the lesser topics treated in the work.
This work attempts to break new ground by posing questions about women’s activism within the Hindu right, a crucial issue that has barely been addressed. These essays look at gender within the framework of larger questions: the organizational history of the formation – still developing – we call the Hindu Right; its relationship to change in religious processes, economic developments, caste politics and constitutional crisis over the last few decades. The essays also pose difficult questions for the theory and practice of feminist politics which has tended to identify women’s political activism with emancipatory politics. Right-wing movements, it has been assumed, have – because of their emphasis on “tradition” – an inverse relationship to women’s politicization. Yet violently communal politics have pulled women into militant politics. What do these and other questions and paradoxes mean for the theory and practice of “feminist” politics, and how do right-wing strategies and tactics compare with those developed by radical women’s groups?
While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that "40 or possibly even 50 percent of marriages will end in divorce if current trends continue." Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole "divorce industry" has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII′s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology. Features: 550 signed entries, A-to-Z, fill 3 volumes (1,500 pages) in print and electronic formats, offering the most detailed reference work available on issues related to divorce, both in the U.S. and globally. Cross-References and Further Readings guide readers to additional resources. A Chronology provides students with context via a historical perspective of divorce. In the electronic version, the comprehensive Index combines with Cross-References and thematic Reader′s Guide themes to provide convenient search-and-browse capabilities. For state and nation entries, uniform entry structure combined with an abundance of statistics facilitates comparison between and across states and nations. Appendices provide further annotated sources of data and statistics.
This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.
Mental harassment, physical torture, sexual violence… women have suffered these since time immemorial. And violation of women rights is still common in India and every other country in the world. However, it’s not that things have to continue the way they have. Injustice meted out to women can be effectively challenged — legally, if not socially. There are several laws that give women the power to fight adversities such as discrimination, harassment, violence and abuse. Women rights can be broadly classified into two categories — constitutional rights and legal rights. Those guaranteed by the Constitution include Right to Equality, no discrimination in employment on the ground of sex, to secure adequate means of livelihood, equal pay for equal work, securing just and humane conditions of work and maternity relief etc. On the other hand, legal rights are available to women in the form of prevailing law or enactments in the country. So the author of this book dealt with various laws effecting mental and social well being of married women across the religion in present patriarchal Indian Society.
