Supreme Court on Family and Personal Laws (In 4 Volumes) by Surendra Malik and Sudeep Malik – 1st Edition 2016

Description

The law governing Marriage, Divorce, Maintenance, Adoption, Guardianship and Custody of Children, Joint Family Property and Succession and Inheritance to property, whether by will or through intestate succession, is collectively called Family Law. In India since Family Law is a mix of secular law i.e. law which applies regardless of a person’s religion or community, and personal laws i.e. laws which apply based on a person’s religion or community, it is termed ‘Family and Personal Laws.’

Thus the reader may, from a secular perspective, study the rulings under:

1. Marriage, Divorce, Other Unions and Children
2. Adoption
3. Guardians and Wards
4. Maintenance and Financial Provision/Alimony/Palimony
5. Judicial Intervention/Family Courts/Judges/Officers
6. Family Property, Succession and Inheritance
7. Christian Law
8. Hindu Law
9. Muslim Law
10. Parsi Law

A detailed study of all of the Personal Family Laws suggests that apart from an inequitable, unequal and discriminatory treatment of women across almost all Personal Laws, there is much uniformity in the Personal Laws. Would not the mandate of Article 13 that all laws in force in the territory of Indian immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of Part III, shall, to the extent of such inconsistency, be void, come to the aid of such women, at least to the extent that any Personal Law violates Articles 14 and 15 of the Constitution.

Table of Contents:

Volume 1
1. Generally
2. Marriage, Divorce, Other Unions and Children
3. Adoption
4. Guardians and Wards
5. Maintenance and Financial Provision/Alimony/Palimony
6. Judicial Intervention/Family Courts/Judges/Officers
7. Conversion/Reconversion of Religion
8. Family Property, Succession and Inheritance (8.1 Generally to 8.9 Intestate Succession and Escheat)

Volume 2
8. Family Property, Succession and Inheritance (8.10 Will to End)
9. Religious and Charitable Endowments/Trusts
10. Christian Law
11. Hindu Law (11.1 Generally to 11.5 Divorce)

Volume 3
11. Hindu Law (11.6 Marriage and Divorce Statutes, Rules, Regulations, Norms, etc. to 11.9 Family Property, Succession and Inheritance)

Volume 4
11. Hindu Law [11.9 Family Property, Succession and Inheritance (contd.) to End]
12. Muslim Law
13. Parsi Law