Family law: hindus, muslims, christians, parsis and jews / Dr. Paras Diwan and Peeyushi Diwan
Material type:
- 9789348002976
- 346.015 DIW
Item type | Current library | Collection | Call number | Status | Barcode | |
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Ranganathan Library | Law | 346.015 DIW (Browse shelf(Opens below)) | Available | 051876 | |
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Ranganathan Library | Law | 346.015 DIW (Browse shelf(Opens below)) | Available | 051877 | |
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Ranganathan Library | Law | 346.015 DIW (Browse shelf(Opens below)) | Available | 051878 | |
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Ranganathan Library | Law | 346.015 DIW (Browse shelf(Opens below)) | Available | 051879 | |
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Ranganathan Library | Law | 346.015 DIW (Browse shelf(Opens below)) | Available | 051880 |
It is always a great pleasure to bring out a new edition. Law is a dynamic concept and keeps changing. Mostly it changes bringing about reforms, more equality, more peace in the society, Matrimonial laws have been reformed over a period of time. But still most of them need a breath of fresh air. In our submission, fault grounds have become quite archaic. They still reek of an aspect of right and wrong, 'punishing the 'wrong doing spouse'. Anyone undergoing the pain of this adversarial litigation would narrate their tales of woe. There is its protracted, most unpleasant charges hurled at each other. Intimate details shared by two people living in matrimony are made public! Worst of all, this litigation refuses to come to an end! There is one more aspect of this type of litigation-is sanctity marriage governed by courts? Suppose one party had alleged desertion or cruelty or adultery or any other fault ground and is not able to prove the same and divorce is not granted. Is it possible for two parties, one who hates the other so much as to allege such charges and the other against whom such charges are leveled be expected to live with each other with love, peace and harmony! Are we serving the purpose of society? In our submission there should be just two grounds for divorce-mutual consent and irretrievable breakdown of marriage. In the latter a period of separation of 2 or 3 years should be fixed and the finances and economics of parties should be taken into account so that none of the parties end up holding the shorter stick. Our courts are awarding divorces on long protracted bitter battles of divorces on ground of cruelty. But then precious years are lost in litigation. To illustrate, a few cases have been given in the footnote.² Scrapping fault grounds would ease burden on our judicial system too. There should be a strong conciliatory machinery thrashing out cases and giving an opinion on settlement and such settlements should be presented before courts to adjudicate upon.
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