A CRITICAL ANALYSIS ON THE CASE OF MOZELLE ROBIN SOLOMON VS. LT. COL. R.J. SOLOMON 81 LR 578 BOM 1968 IN LIGHT OF THE QUESTION: WHETHER JEWISH LAW NEEDS STATUTORY CODIFICATION IN INDIA?
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Abstract
It is not a fact unknown to everyone that as the period tracing from centuries to now the Jews living in Southern Asia specifically India, has been of a considerable length, however statistically their population has been drastically reduced. In the context of Family Law it is publicly known that the Jews do not have their own codified statutory laws for the purpose of Marriage and Divorce, and are following their own personal law i.e. customs and laws as embodied in their religious texts i.e. Mosaic and Talmudic Law, thereby diluting the difference in Man-made laws and Divine Laws. The “microscopic” population has hardly dominated any such major discussions, and has always been aloof limelight, to the extent of being almost invisible to the mainstream population. The lack in enough data and legal case laws, make it difficult to truly interpret the core of Jewish jurisprudence in India, however the researcher has attempted to highlight major legal principles prevalent in the present day through a prominent case- Mozelle Robin Solomon Vs. Lt. Col. R.J. Solomon 81 LR 578 Bom 1968 (Hereinafter referred to as “current case”), and has subsequently raised an important question on whether there is a need of statutory codification of the religious and customary Jewish law for the purpose of regulation.
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