Navigate the complexities of Indian family law with this detailed exploration of its various aspects. From marriage and divorce to child custody and inheritance, this book provides a comprehensive overview of the legal principles governing family relationships in India, offering valuable guidance for legal practitioners and individuals alike.

This book examines the roles and interconnections between structural factors and individual agency in marital violence, focusing on women in heterosexual marital relationships. With the overall aim of improving recognition and strengthening responses to marital violence, it underlines what occurs as marital violence and why it is possibly occurring in the manner it does, while simultaneously demonstrating how it is dealt with and resisted. Based upon in-depth qualitative data focussing upon the experiences of women facing marital violence and key informants from Assam in Northeast India, this book sheds light upon four key areas. To begin with, what is named or recognised (and not recognised) as marital violence is assessed and a typology (and associated denials) informed by the capabilities approach is developed. Further, the re-victimisation that happens through and within both civil and criminal justice is explored. In addition to this, the existing structural context highlighting changes that occur at a broader economic, political, and social level, contextualising a society that is in transition, has been emphasised. To conclude, conditioned by distinct material-cultural constraints-enablers and acknowledging the role played by emotions, a temporal agential trajectory in response to marital violence is mapped, specifically through the concepts of Habitus and Reflexivity. In short, this book attempts to decolonise certain aspects of academic knowledge around marital violence by asserting the need to consider distinct natures and forms of violence and violations that occur within marriages and the acknowledgement of a spectrum of actions in the agential trajectory so that victims-survivors are not solely assessed by their decisions to stay or to leave an abusive marriage. It will be of interest to scholars, students, professionals, and policymakers working within social work, social policy, gender studies, and violence prevention.

This book critically examines domestic violence law in India. It focuses on women’s experiences and perspectives as victims and litigants, with regard to accessibility to law and justice. It also reflects on the manner in which the legal process reproduces gender hierarchies. This volume: Analyzes the legal framework from a gender perspective to pinpoint the inherent stereotypes, prejudices and discriminatory practices that come into play while interpreting the law; Includes in-depth interviews and case studies, and explores critical themes such as marriage, rights, family, violence, property and the state; Presents alternatives beyond the domain of law, such as qualitative medical care and legal aid facilities, shelter homes, short-stay homes, childcare facilities, and economic and social security provisions to survivors and their children. Drawing on extensive testimonies and ethnographic studies situated in a theoretical framework of law, this book will be of great interest to scholars and researchers of law, gender, human rights, women’s studies, sociology and social anthropology, and South Asian studies.

Mental harassment, physical torture, sexual violence… women have suffered these since time immemorial. And violation of women rights is still common in India and every other country in the world. However, it’s not that things have to continue the way they have. Injustice meted out to women can be effectively challenged — legally, if not socially. There are several laws that give women the power to fight adversities such as discrimination, harassment, violence and abuse. Women rights can be broadly classified into two categories — constitutional rights and legal rights. Those guaranteed by the Constitution include Right to Equality, no discrimination in employment on the ground of sex, to secure adequate means of livelihood, equal pay for equal work, securing just and humane conditions of work and maternity relief etc. On the other hand, legal rights are available to women in the form of prevailing law or enactments in the country. So the author of this book dealt with various laws effecting mental and social well being of married women across the religion in present patriarchal Indian Society.

This book is a summary of research papers published either in leadingprofessional journals from India and abroad or unpublished papers presentedin some international seminar or workshop during 1980–2010. But all thepapers have been thoroughly recast in view of the latest facts and figuresand presented in a thematically coherent manner. It is a fresh attempt tobridge the gap between demographic processes and family structure in theIndian context. This study has also tried to cover changes in marital practices.The study sets off a long-overdue dialogue between anthropology/sociologyand demography in the Indian context. The prime purpose of this book is to provide a comprehensive overviewof the state of family in contemporary India. This book will be found usefulby scholars, students and professionals who work with families and also bylaypeople interested in family matters of India.

Contributing to debates on feminism, this book considers the impact made by feminists in India from the 1970s. Geetanjali Gangoli analyses feminist campaigns on issues of violence and women’s rights, and debates on ways in which feminist legal debates may be limiting for women and based on exclusionary concepts such as citizenship. She addresses campaigns ranging from domestic violence, rape, pornography and son preference and sets them within a wider analysis of the position of women within the Indian state. The strengths and limitations of law reform for women are addressed as well as whether legal feminisms relating to law and women's legal rights are effective in the Indian context. The question of whether legal campaigns can make positive changes in women’s lives or whether they further legitimize oppressive state patriarchies is considered. The recasting of caste and community identities is also assessed, as well as the rise of Hindu fundamentalism and the ways in which feminists in India have combated and confronted these challenges. Indian Feminisms will interest researchers and students in the areas of feminism, law, women’s movements and social movements in India, and South Asia more generally.

This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Divorce has become a form of family change in contemporary western societies, spawning much research to investigate its causes and consequences. Such research has promoted a sociological understanding of divorce, impact on families and individuals as well as implications for public policy. However, research in this domain has been largely restricted to white populations in western contexts as well as adhering to quantitative research methodologies. There is little understanding of the dynamics of minority ethnic families, sometimes resulting in false assumptions and over-generalizations about family structures, stability and transitions in these communities. The impact of this gap in knowledge leads to perspective blocks in terms of how minority ethnic families are conceived in the public sphere as well as in academia. Similar to other minority ethnic groups, there is little literature on divorce in South-Asian families. Though traditionally divorce rates within South-Asian communities were low, there is now an upward trend. This is the first book to analyze the experiences of British-Indian adult children of divorce and contextualize their experiences within the larger multi-cultural polity of the UK. It also discusses the value and implications of understanding the divorce phenomenon and how it is experienced within this community to present insights into what multi-cultural social work and knowledge can mean. This can also enhance support provision for all children and enable better coping of family transitions by acknowledging their specific contexts and needs.

Violence, including intimate partner violence, is a leading cause of death, disability, and hospitalization in the United States and other regions worldwide. Despite growing awareness, the numbers of reported and unreported incidents continue to rise. Drawing on the contributions of criminal justice practitioners and academic theorists who bring so