Law, Justice, and Gender: Family Law and Constitutional Provisions in India

Paperback | February 15, 2011

byFlavia Agnes

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The first of two-volumes on the subject, this book provides an in-depth analysis of family laws while exploring the overlaps and contradictions in them. It reviews the legal history of personal laws of the colonial and post colonial periods and their application in contemporary matrimoniallaw. The ground level litigation practices are interwoven with the framework of statutory provisions, which in turn provide an entry point into the rights discourses and social movements. The book discusses cases, Acts, and amendments, and unravels legal complexities. The concern of the book is toweave women's realities into legal theories and position women's claims within the Constitution to highlight the lacunae in laws and to analyse their effectiveness at the ground level. It further discusses the strategies which need to be adopted to make these laws work effectively.

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The first of two-volumes on the subject, this book provides an in-depth analysis of family laws while exploring the overlaps and contradictions in them. It reviews the legal history of personal laws of the colonial and post colonial periods and their application in contemporary matrimoniallaw. The ground level litigation practices are ...

Flavia Agnes is a practicing lawyer in the Mumbai High Court and co-founder of MAJLIS, a Mumbai-based legal and cultural resource centre. She is well known as a pioneer of the women's movement in India and, more specifically, for her work on legal reforms.

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Format:PaperbackDimensions:600 pages, 9.65 × 7.09 × 0.68 inPublished:February 15, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198067909

ISBN - 13:9780198067900

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Table of Contents

AcknowledgementsList of AbbreviationsIntroductionPart 1: Personal Laws and Women's Rights1. Hindu Law of Marriage and Property2. Islamic Law of Marriage and Succession3. Christian Law of Marriage and Succession4. Parsi Law of Marriage and Succession5. The Jewish Law of Marriage and Divorce6. Civil Law of Marriage and Divorce: The Special Marriage Act, 19547. Validity of Customary LawsPart 2: Constitutional Claims and Gender Justice1. Locating Women's Claims within the Constitutional Domain2. Uniform Civil Code: Contesting Claims and Communal Hues3. Attempts at Formulating the UCCPart 3: Marriage and Its Dissolution1. Marriage: A Social Institution2. Matrimonial Remedies3. Divorce on Fault Grounds4. Consent Theory of Divorce5. Irretrievable Breakdown of Marriage6. Marriage of Minors7. Marriages with Expatriate Indians/ NRI Marriages8. Registration of MarriagesPart 4: Matrimonial Rights and Obligations1. Right to Maintenance2. Right to Matrimonial Home and Property3. Custody and Guardianship of ChildrenPart 5: Family Courts and Gender Justice1. Ideological Premise of the Act2. Institution and Jurisdiction3. Presiding Officers4. Lawyers and Counsellors5. Challenges Confronting Family Courts6. Best Practices in Family CourtsConclusionBibliographyCase IndexSubject Index