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Family Law and Religions-the Indian Experience

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Chapter Summary

This chapter provides possible answers to the following questions: (i) How does the system of law and society work in India? (ii) In the background of an enforceable Fundamental Right of Religion in a multicultural and diverse society professing different religions, how does a Uniform Civil Code fit in? (iii) How do Indian Courts harmonize law and religion in a democratic, secular, sovereign, and socialist republic? (iv) What are the views expressed by Courts in Judgments on such issues? (v) Do religious Courts and extra judicial forums find acceptance in the Indian Judicial system? (vi) Is a Uniform Civil Code an illusion? (vii) Does family law in India need reform? (viii) Does judicial activism in India trigger off an impetus for making changes in family laws? (ix) How are the clashes on issues of personal family laws resolved? (x) Does custom override statutory family laws?.

Keywords:family law; Indian Courts; Indian Judicial system; judicial activism; Uniform Civil Code



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