Family Law : Volume-1,. Family Laws and Constitutional Claims / Flavia Agnes

It includes List of Boxes and Figures, List of Abbreviations, Foreword, Acknowledgements, List of Cases, Bibliography and Index Pages.

Description:
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 1 examines: the evolution of the personal laws of Hindus, Muslims, Christians, Parsis, and Jews during the colonial and post-colonial periods how these laws are applied in contemporary questions of marriage, divorce, property rights, and succession, and whether it is possible to bring the law in conformity with modern changes through and in both the formal, and statutory law and the pluralistic and fluid community-based practices. It also extensively examines the role of the judiciary, the political and academic debates around the issue of uniform civil code, and women’s citizenship claims in a stratified and hierarchical social order.

It includes index
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 matrimonial law. 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 to weave 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.