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Family Law: Marriage, Divorce and Matrimonial Litigation, Vol. II

Flavia Agnes

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ISBN 10: 0198072201 / ISBN 13: 9780198072201
Published by Oxford University Press, 2011
New Condition: New Soft cover
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About this Item

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. Printed Pages: 508. Bookseller Inventory # 14666

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Bibliographic Details

Title: Family Law: Marriage, Divorce and ...

Publisher: Oxford University Press

Publication Date: 2011

Binding: Softcover

Book Condition: New

Edition: First edition.

About this title


The second of three volumes on the subject, this book is written to meet the course requirements of Family Law which is a compulsory subject for LLB students. Providing an in-depth analysis of family laws, this book explores the overlaps and contradictions in these laws. 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 related to marriage and its dissolution, matrimonial obligations, and custody and guardianship of children. The work unravels legal complexities and weaves women's realities into legal theories. It positions women's claims within the Constitution to highlight the lacunae in laws and to analyze their effectiveness at the ground level. It further discusses family courts and the strategies which need to be adopted to make the present laws work effectively.

About the Author:

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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