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Hinduism and Divorce- From Dharmasastras to Statutory Law (Set of 2 Volumes)

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Hinduism and Divorce- From Dharmasastras to Statutory Law (Set of 2 Volumes)

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Vol. 1: Sastric Law for Divorce and Global Perspective. Vol. 2: Statutory Divorce Under Hindu Law.

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Specifications

	Publisher: Decent Books
	Author Hari Dev Kohli
	Language: English
	Pages: 650
	Cover: Hardcover
	Weight 1.20 kg
	Edition: 2000
	ISBN: 8186921095
	IDD185

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Book Description

About the Book The book is a detailed study (in two volumes) of the traditional concept of Hindu marriage as a sacrament, analysing the validity of the reasons for incorporating the provision of divorce in the Hindu Law. Relying on a variety of original and secondary sources the juridical literature of ancient texts like the Vedas, Dharmasatras and works of eminent scholars on the subject, it first examines the status of women under Sastric law: her exalted position in family and society and the constraints imposed upon her. Showing how the concept of divorce is based on recognising marriage as a contract rather than a sacrament, this scholarly work discusses divorcé laws in the global perspective and makes a detailed analysis of statutory divorce in Hindu Law, particularly the grounds for divorce and its statutory evolution. Dr. Kohli considers crucial concerns related to secularisation of marriage, the Western culture's influence on the social upheaval in Indian society, and whether divorce is the solution to effectively address the social evils against women. Maintaining that Hindu marriage is still a sacrament despite inclusion of divorce-related provisions in the Hindu Marriage Act, 1955, he recommends abolition of divorce laws for their disastrous results on the society or, at least, a review of these laws. Quoting from diverse original Sanskrit works and giving their English translations as well for a better understanding of the modern law, the book will be extremely useful for law and Dharmaśāstra scholars and students and those interested in a study of the divorce laws in the Indian context.

Preface WHEN I was a student of law, I was astonished to find that statutory Hindu Law was being taught without much reference to the Sastric law, I found a similar disregard to the Sastric Law in the legal profession where total emphasis was on the statutory law and the Sastric Law was as if non-existed. However, I got a penetrating feeling that for a study of Modern Hindu Law and its proper understanding, a thorough knowledge of Sastric Law is essential because the modern law has merely amended and codified the Hindu Law which was hitherto embodied in the Sanskrit textbooks and not repealed it. This is in spite of a provision in the statutory Hindu Law 'overriding effect of Act', by which any text, rule or interpretation of Hindu Law or any custom or usage as part of that law shall cease to have effect with respect to any matter for which provision is made in this Act and any provision inconsistent with the provision contained in this Act shall cease to have effect. As I actively involved myself as a social worker in the field of free legal counselling to settle matrimonial disputes outside the Court, I was greatly amazed to find that Sästric Law played a large role in settling the matrimonial disputes amicably as Hindus still have awe and respect for Šästric Law. The most common but complex matrimonial dispute noticed was regarding the concept of equality which created disharmony in the matrimonial home leading to breaking-up of marriage. There I found that I could settle the disputes using more of Sästic Law than statutory law and thus I thought of taking up the topic of 'divorce' for my thesis for the degree of Doctor of Philosophy in Law with a clear mind that I would endeavour to explain Hindu Law from a Hindu point of view.

Acknowledgements It is my firm conviction that, but for the parental guidance, given by respected Prof. R. Jagan Mohan Rao, this research would have been like a rudderless ship sailing asunder in a vast sea of uncertainty. He trimmed the shapeless pieces of material into elegance for which I am greatly indebted to him. I am grateful to Prof. M.V.A. Naidu, Principal Dr. B.R. Ambedkar College of Law, Visakhapatnam, who provided me every facility needed for the completion of my thesis. My respectful thanks to Profs. A. Lakshmi Nath, R. Venkata Rao, & C. Rama Rao, who willingly, without any inhibition, gave me advice whenever sought for and their contribution in this venture is praiseworthy. I am thankful to all the other honourable members of teaching staff of Dr. B.R. Ambedkar College of Law who spontaneously and profusely gave me their full support in the accomplishment of my this research. I pay my respects to Mr. A.T. Naidu and his daughter Rajani, Advocates who gave useful piece of advice at every point of time when needed. Last, but not the least, I am really grateful to the librarian Sri Sanyasi Rao, who took pains to provide me with material without my searching the racks and was ever ready to help me.

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