Browsing by Subject "Divorce"

Filter results by typing the first few letters
Now showing 1 - 3 of 3
  • Thumbnail Image
    ItemOpen Access
    Evolution of Child Custody Laws from ‘Parens Patriae’ to the ‘Welfare of the Child’
    (University of North Bengal, 2020-03) Pradhan, Alisha
    Divorce is a process in which the actual victim is neither husband nor wife, but the children born out of the wedlock. The children of a divorced parents endure psychological or mental disturbance. Studies show that majority of the children of divorced parents shows deviant behaviour, prone to abuse due to lack of emotional support that need to be given in the particular age group. The custody rights during the ancient period was under the state i.e. ‘Parens Patriae’, thereafter the custody rights shifted to the natural guardians’ rights. However, now the focus is on the ‘Welfare of the Child’ while granting custody. In custody cases normally the best interest of the child will be taken into consideration. It means that all custody and visitation discussions and decisions are made with the ultimate goal of fostering and encouraging the child’s happiness, security, mental health and emotional development into young adulthood. The shift in custody law not only grants security to the child’s interest but it is a mark that our society is progressing towards a better future. As the children are the future of our society and each and every child should be protected.
  • Thumbnail Image
    ItemOpen Access
    Is Dharmaśāstra Prevailing over Arthaśāstra?*
    (University of North Bengal, 2025) Padhi, Laxmikanta
    The Arthaśāstra tradition is developed through three primary groups: royal priests, kings’ ministers, and educators. Its scope is extensive, as it describes the principles of governance (Daṇdaniti) found in the Mahābhārata. In contrast, the Dharmaśāstra asserts that Dharma is rooted in the Veda-s and is empirically manifested through the Varṇāśrama system. This contribution aims to demonstrate that the Arthaśāstra contains elements that overlap with the Dharmaśāstra. For example, the Dharmasthīya and Kaṇtakaśodhana sections deal with the administration of justice in a manner reminiscent of discussions found in the Dharmaśāstra. However, while the Dharmaśāstra focuses on the acquisition of Dharma which represents Adṛṣṭa-phala, the Arthaśāstra aims for the acquisition of Artha representing Dṛṣṭa-phala. Furthermore, with reference to the Yājñavalkya-smṛti, this contribution asserts that in cases of conflict between the Arthaśāstra and the Dharmaśāstra, the latter takes precedence. This is because the Dharmaśāstra reflects more advanced ideas and appears to draw its insights from earlier writings. Additionally, there are notable similarities between Dharmaśāstra and Arthaśāstra, although differences exist on several issues, such as niyoga, titles of disputes, inheritance through the mother or paternal grandmother, remarriage of widows, divorce, and gambling. आगमानांहि सर्वोषाम् आचारः श्रेष्ट उच्यते| आचारप्रभवो धर्मो धर्मोदयूवीवर्धते ।। Mahābhārata, Anuśāsanaparva, 107:147 (When compared with all knowledge, good conduct is considered to be superior; because Dharma is based on āćāra-s (conduct). When human abides by āćāradharma, her/his life is prolonged.)
  • Thumbnail Image
    ItemOpen Access
    Parsi Divorce: Time to Rethink the Legal Framework?
    (University of North Bengal, 2019-09) Ghosal, Anupama; Contractor, Neville
    Unlike other communities, the Parsi community is relatively a small community in India. In pre-colonial period, due to the absence of their code of law, Parsis had to depend on the basic principles of justice and fairness but later they were generally managed by panchayats or five most influential and intelligent persons within the community, for redressal of their grievances, because of which problems arose while resolving the disputes pertaining to inheritance and matrimonial litigations. In the colonial period, the need was felt to enact Parsi Marriage and Divorce Act (PMADA) in 1865 that provided for the jury system. Out of many, two major problems that arose in the jury system was access to the matrimonial courts and time-consuming adjudication of matrimonial disputes. The inherent deficiency and inadequacy of the jury system resulted in the formation of opinions and arguments disfavouring and favouring the jury system. The Supreme Court of India finally laid down the principles which constitute the crux of the fundamental right to access justice for the Parsi community. To suit the current need of the Parsi community with the changing times and for ensuring justice and fairness, a reboot of the existing and prevalent Parsi jury system is a necessity.