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- Title
The Marital Patchwork of Colonial South Asia: Forum Shopping from Britain to Baroda.
- Authors
SHARAFI, MITRA
- Abstract
The article discusses marital law in British India, and the practice of "forum shopping," through which litigants try to take advantage of competing jurisdictions to find the one that will give them the most advantageous ruling. The legal pluralism of colonial India is discussed, including the intersections of British, Hindu, Muslim, and customary law, and three case studies from the early 20th century are presented: an abandonment suit brought by an English woman against her Parsi husband in Bombay (Mumbai); a Parsi couple suing for a no-fault divorce in the princely state of Baroda; and a Zoroastrian man who left British India for Persia in order to pursue legal polygamy.
- Subjects
UNITED Kingdom; INDIA; FORUM shopping; MATRIMONIAL actions (Law); LEGAL pluralism; LAW of India; BRITISH occupation of India, 1765-1947; ADMINISTRATION of British colonies; MARRIAGE law; PARSEES; HISTORY
- Publication
Law & History Review, 2010, Vol 28, Issue 4, p979
- ISSN
0738-2480
- Publication type
Article
- DOI
10.1017/S073824801000074X