REVIEW
OF LITERATURE Scheme of Chapters
For
the purpose of effective study, the entire thesis has been divided into nine
chapters. IMPORTANCE OF LAW & INDIAN KANOON & SCHEME OF CHAPTERS
The first chapter being an introductory chapter contains the relevance of the
study, objectives, hypothesis, and methodology, limitation of the study,
Chapteraisation and the development of family laws in India.
The second chapter provides a brief history of the origin and development of Family Courts. This chapter is an attempt to familiarize the concepts of family and family courts and it covers a brief history of family courts, the Family Courts Act, 1984.
The third chapter, an International perspective of family court deals with The functioning of Family Courts in the USA, UK, and Australia: A comparative study.
This chapter explores the historical developments of family courts in the USA, UK, and Australia, and discusses the family court practices. This chapter also
provides a brief comparative study of the functioning of family courts with
that of India.
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Family Court
The
fifth chapter Procedural aspect of Family Court in India It covers an overview
of the functions and procedures of the family courts in India.
The sixth chapter is an implementation of
Family Courts Act – The national scenario. This chapter provides a brief
history of family courts in India and examines the process, structure, and
functions of family courts in India.
The
eight-chapter Empirical study and the working of family court in the district
Saharanpur It also analyses the existing conditions of family courts and
evaluate the functions and challenges for the speedy settlement of disputes of
the family courts & Jurisprudence.
Moreover, it analyses the statistical data collected from
the family courts in Saharanpur.
The last chapter contains the Conclusions and Suggestions based on the research
study. This chapter verifies the hypothesis and put forward some constructive suggestions
and recommendations for the effective functioning of Family Courts in Saharanpur.
Limitations of the study
There
are three major limitations with regard to this study. The first limitation is
the analysis of the family court’s data to the period of 2013 to 2018.
The second limitation is the interviews with the family court judges, counselors, mediators,
advocates and the petitioners are selected only in random sampling. IMPORTANCE OF LAW & INDIAN KANOON & SCHEME OF CHAPTERS
The third limitation is, even though this study is about the family courts in
Saharanpur has been discussing only the effective functioning of the
family courts and the nature of the family disputes filed in the courts.
OVERVIEW:-
India is proud of its ancient
heritage of a united and stable family system. A gradual trend of change from
extended families to nuclear families and growing challenges to the
institution the fast-changing trends in the social, cultural, economic, and industrial scenario is the family in India.
India maintains a common legal
system inherited from the colonial era, and various legislations by the British
are still in effect in modified forms. In family disputes, religion and
personal laws are largely interlinked. IMPORTANCE OF LAW & INDIAN KANOON & SCHEME OF CHAPTERS
Thus, this chapter deals with the origin
of the family, family law, and family courts. It discusses the Family Courts Act
of1984 and the salient features of the Act.
Family law legislations
This chapter also explains the
development of family law in India and it includes the various family law
legislations related to family courts in India. Family is the basic unit of the society Promotion of the State and its evolution can be
traced out from this small unit called family.
Man is a social animal being a
social animal, he respects society sound by relationship created by society
and governed by rules by society. The first association created by the man
maybe his family. This association is necessitated by various factors like
interdependence and personal security. IMPORTANCE OF LAW & INDIAN KANOON & SCHEME OF CHAPTERS
So the family as a basic unit of the
society has to be protested and preserved. For this, the relationship between
the members of the family has to be regularized in order to keep a balance for
that purpose. The instrument of law is the only solution.
MARRIAGE LAWS IN INDIA
The institution of
marriage reliably creates the social, economic, and affective conditions for
effective parenting. Being married changes people’s lifestyles and habits in
ways that are personally and socially beneficial. Marriage is a “seedbed” of
pro-social behavior. Marriage generates social capital.1
Importance of
marriage to society, Individuals [Emmanuel oladipo] downloaded from the website
of http;//www.linkedin.com at/28/901/29018
It
is quite natural that the relationship between members of the family may strain
due to so many reasons. So the law as a protector of rights, and an instrument
to enforce duties arising out of matrimonial bond Gain significance.
By
applying the law, the rights and duties are enforced, and then the imbalances as
family relations are settled. IMPORTANCE OF LAW & INDIAN KANOON & SCHEME OF CHAPTERS
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