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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, Dharmasutras and works of eminent scholars on the subject, it first examines the status of women under Shastric 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 divorce 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 Dharmashastra scholars and students and those interested in a study of the divorce laws in the Indian context.
ISBN : 9788186921098
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Pages : 650
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