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Extra Marital Affairs, Breach of Trust in Marriage, and Therapeutic Jurisprudence: A Critical Analysis From the Perspectives of Ancient Hindu Codes, Customs, and Contemporary Laws

Extra Marital Affairs, Breach of Trust in Marriage, and Therapeutic Jurisprudence: A Critical Analysis From the Perspectives of Ancient Hindu Codes, Customs, and Contemporary Laws
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Author(s): Debarati Halder (Parul Institute of Law, Parul University, India)
Copyright: 2023
Pages: 22
Source title: Minding the Gap Between Restorative Justice, Therapeutic Jurisprudence, and Global Indigenous Wisdom
Source Author(s)/Editor(s): Marta Vides Saade (Ramapo College of New Jersey, USA)and Debarati Halder (Parul Institute of Law, Parul University, India)
DOI: 10.4018/978-1-6684-4112-1.ch007

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Abstract

Therapeutic jurisprudence (TJ) emphasizes the law's healing touch to cure the socio-legal evils that may hamper the wellbeing of people at large. The chapter deals with extramarital affairs, breach of trust in marriages, and the role of TJ in restitution of justice for spouses, especially female spouses who may be pushed to trauma, extreme depression, frustration, and anger due to extramarital affairs by unfaithful husbands with special reference to India. In ancient Hindu Codes and customary laws, extramarital affairs by husbands did not find specific mention as offensive behavior in marriage. This has led the contemporary laws to not acknowledge extramarital affairs as offences in marriage. But in the ancient times, women in India had rights to seek restitution of justice from family elders and community elders. This alternative dispute resolution mechanism provided much needed healing touch. The chapter researches on the hidden role of TJ in the ancient and contemporary laws in India dealing with victimization of women by way of extramarital affairs by husbands.

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