Family Law:-2 Vol.Set

includes index and biblioraphy

LAW, JUSTICE, AND GENDER xxi Tthe Theory and Practice of Law xxi The `Justice` Claims of Women xxii Examining the Contours of Feminist Legal Theory xxv Overview of Chapters xxix CHAPTER 1: PERSONAL LAWS AND WOMEN`S RIGHTS 1 An Overview of the Personal Law Regime 1 Family Laws: Customary Usages rather than Scriptural Dictates 2 Anglo- Saxon Jurisprudence and Ascendance of `Scriptural Law` 4 Matrimonial Law: From the Ecclesiastical to the Civil Law Regime 7 Search for Uniformity apJ Certainty: Legal Precedents and Statutory Codification 7 `Justice, Equity, and Good Conscience` and `Public Morality` 8 From Uniformity to a Culture-specific Legal Plurality 9 Section A Hindu Law of Marriage and Property 10 Origin and Development of Hindu Law 10 `Hindu: An Amorphous Community 10 Scriptural Sources of Hindu Law 11 Colonial Legal Interventions 12 A Moment of Defiance: The Rukhmabai Case 13 Social Reform Movements and Legislative Reforms 15 The Bengal Sati Regulation Act, 1829 16 The Hindu Widow Remarriage Act, 1856 16 The Age of Consent Acts of 1860 and 1891 The Child Marriage Restraint Act, 1929 Post-Independence Hindu Law Reforms The Opposition within the Congress Leadership The Political Compulsions Beneath the Reforms The Veracity of its Claim of Liberating Women The Law of Marriage and Divorce Hindu Marriage: A Sanskara and a Contract The Legal Loopholes Maintenance: Implications of Formal Equality Restitution of Conjugal Rights and the `Lord and Master` Concept Consequences of Monogamy Constitutional Challenges On Monogamy Restitution of Conjugal Rights The Law of Property Historical Misconceptions Stridhan Property and its Subversion Codified Law and Illusory Inheritance Rights Recent Amendments to the Hindu Succession Act Section B Islamic Law of Marriage and Succession Origin and Development of Islamic Law Sources of Islamic Law The Shia and Sunni Schools Rights of Women under Islam: Clearing the Misconceptions Reform within Islam Evolution of Indo-Islamic Law Superior Status of Muslim Women during the pre-Independence Period The Law of Marriage and Divorce Nikah: A Contractual Union Mehr: An Economic Safeguard Forms of Dissolving Muslim Marriages The Mandatory Stipulation of Halala Dissolution of Muslim Marriages Act, 1939 Validity of Triple Talaq Law of Succession Section C Christian Law of Marriage and Succession Development of Christian Law in India Law of Marriage and Divorce Christian Marriage: An Indissoluble Sacrament Evolution of the Concept of Divorce Discriminatory Grounds of Divorce Non-recognition of Divorce by Mutual Consent The Process of Reform Law of Succession Section D Parsi Law of Marriage and Succession The Parsi Community in India Law of Marriage and Succession Development of Law Salient Features of the Codified Law Judicial Pronouncements: `Parsi` not a Religion but a Race A Wave of Reforms during the 1930s Reforms during the 1980s Section E Jewish Law of Marriage and Divorce Jewish Community in India Jews from Coastal Kerala Jews from the Bombay Region The Jewish Community in North East Origins and Development of Jewish Law Jewish Law of Marriage and Divorce Judicial Interpretations of the Jewish Law Section F Civil Law of Marriage and Divorce Section G Validity of Customary Laws Customary Law and Women`s Rights Customary Law Versus Textual Law `Custom` Under Codified Hindu Law and the Constitution Inheritance Rights Under Tribal Customs Conclusion CHAPTER 2: CONSTITUTIONAL LAW AND CITIZENSHIP CLAIMS Section A Locating Women`s Claims within the Constitutional Domain Contextualising the Indian Constitution Indian Constitution: A Covenant of Social and Economic Justice Constitutionalism and the Power of Judicial Review Women`s Entry into the Public Domain History of Women`s Education in India From Basic Literacy to Professional Education Women`s Associations and Political Participation A.I.W.

V1. Family Laws and Constitutional Claims.-- V2. Marriage, Divorce, and Matrimonial Litigation.