Originally Posted by
nkedel
At which point, secular rules based upon the legal principle of equity under the law and the best interests of any children involved ought to apply. It's not perfect (just look at the US system), but it's inherently better than any sectarian system (even a multisectarian one.)
All rules have some religious basis. Family law in the US is heavily influenced by Judeo-Christian principles, no matter how "secular" it seems to be.
Originally Posted by
nkedel
Even if the rules don't fit the given situation? Even if you're a mixed couple?
As I said earlier, what matters is the law under which the marriage was solemnized. A mixed couple can choose to get married under either law, or under the Special Marriage Act which governs civil marriages.
Originally Posted by
nkedel
Under a secular system, if the parties involved are in agreement, and there's no allegation of abuse, there's no need for a judge to do more than rubber-stamp the agreement, and when it's operating properly that's what happens.
The same is true in any system. If the parties involved are in agreement then there is no dispute and no need to go to court.
Originally Posted by
nkedel
When there is NOT an agreement, "tradition" is a bad guide; it's generally quite sexist.
Sometimes it's better than whatever arbitrary laws have been written by the "secular" legislature.
Originally Posted by
nkedel
So if you're Catholic, you can't get divorced at all? (That is, after all, what their religious tradition dictates.)
There is no Catholic marriage act in India. The Christian Marriage Act allows for divorce.
Originally Posted by
nkedel
If your culture and tradition says that children automatically stay with a parent of one given sex, with no child support, is that what happens regardless of the best interest of the child?
If both parents chose to marry under a marriage law that says that, then yes, that is what happens.
Originally Posted by
nkedel
And they have secular judges for us non-religious people? For people married abroad, who were not married under a given "____ marriage act," how do they pick which applies, especially given a mixed couple?
I'm not really sure, but I believe there are secular matrimonial courts for that purpose. I don't really know the details.
Originally Posted by
nkedel
Christians are still narrowly the majority in the US, and yet US family law is not based in Christianity.
It is based on the values of the Christian majority in a way that would seem alien to those from a different culture.
Originally Posted by
nkedel
If no one contests the terms of the divorce, in general a Hindu in the US will not need to have the case "decided" and can manage the divorce how they please. If they can't agree on how to handle the divorce, how does "culture and tradition" help?
They may not agree on the terms of the divorce, but they may still agree that they want the divorce decided based on their own "culture and tradition". They might just disagree on what exactly that means for their situation.