Skip to content

Filter by :

Search Results Judgments > Phrase:HINDU ADOPTIONS AND MAINTENANCE ACT 1956 Section 2

Jan 28 1991

Ambalal Shankarbhai Patel Vs. Union of India (UOI)

  • Decided on : 28-Jan-1991

Court : Gujarat

Reported in : (1992)2GLR1317

... Section 1(2) of the Hindu Marriage Act would only mean that Hindus domiciled in India and governed by the Hindu Marriage Act continue to be governed by the same law when outside the Indian territories. The absence of such extra-territorial operation to the Hindu Adoptions and Maintenance Act, 1956 cannot be so construed as to mean that the element of domicile is to be totally ignored in the Hindu Adoptions & Maintenance Act, 1956 ... Hindu Adoptions and Maintenance Act, 1956 cannot be so construed as to mean that the element of domicile is to be totally ignored in the Hindu Adoptions & Maintenance Act, 1956 and that a foreign national not domiciled in India and having no moorings in India can claim applicability of the said Act to him. The provisions of the Hindu Adoptions and Maintenance Act, 1956 ... Section 1(2) of the Hindu Adoptions and Maintenance Act unlike Section 1(2) of the Hindu Marriage Act. The said provision incorporated in Section 1(2) of the Hindu Marriage Act would only mean that Hindus domiciled in India and governed by the Hindu Marriage Act continue to be governed by the same law when outside the Indian territories. The absence of such extra-territorial operation to the Hindu Adoptions and Maintenance Act, 1956 ...

May 23 2003

Sri Chandra Nath Sadhu and Ors. Vs. The State of West Bengal and Ors.

  • Decided on : 23-May-2003

Court : Kolkata

Reported in : (2003)3CALLT1(HC),I(2004)DMC359

... adoption of the petitioner No. 2 by the petitioner No. 1 if the adoption is Invalid in view of the provisions of the Section 5 read with the Section 9 of the Hindu Adoptions and Maintenance Act, 1956, Section 5 of the Hindu Adoptions and Maintenance Act, 1956 is set out herein below:'5. Adoption to be regulated by this Chapter--(1) No adoption shall be made after commencement of this Act by or to a Hindu ... Section 5 read with the Section 9 of the Hindu Adoptions and Maintenance Act, 1956, Section 5 of the Hindu Adoptions and Maintenance Act, 1956 is set out herein below:'5. Adoption to be regulated by this Chapter--(1) No adoption shall be made after commencement of this Act by or to a Hindu except in accordance with the provisions contained in this chapter, and any adoption made in contravention of the said provisions shall be void. (2) An adoption ... adoption is Invalid in view of the provisions of the Section 5 read with the Section 9 of the Hindu Adoptions and Maintenance Act, 1956, Section 5 of the Hindu Adoptions and Maintenance Act, 1956 is set out herein below:'5. Adoption to be regulated by this Chapter--(1) No adoption shall be made after commencement of this Act by or to a Hindu except in accordance with the provisions contained in this chapter, and any adoption ...

Aug 21 1989

Soma Chatterjee Vs. Chapala Chatterjee and Ors.

  • Decided on : 21-Aug-1989

Court : Kolkata

Reported in : II(1990)DMC312

... of the adoption.28. As admittedly the parties are Hindus governed by Dayabhaga School of Hindu Law and as this adoption is alleged to have taken place after the Hindu Adoption and Maintenance Act, 1956 has come into force the provision of the above Act shall govern this adoption. Section 16 of the Hindu Adoption and Maintenance Act reads as ... provisions contained in Section 9 and Section 11 of the Hindu Minority and Guardianship Act. Mr. Gautam Chakravorty, learned Counsel appearing for the plaintiff has urged that there has been proper compliance of the provision of Sub-sections (2) and (3) of Section 9 of the Act, that under Section 9(2) the father ... Hindu Law and as this adoption is alleged to have taken place after the Hindu Adoption and Maintenance Act, 1956 has come into force the provision of the above Act shall govern this adoption. Section 16 of the Hindu Adoption and Maintenance Act reads as follows :'Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption ... Sections of the Hindu Adoption and Maintenance Act 1956 are reproduced below :--Section 6 : No adoption shall be valid unless-- (i) the person adopting has the capacity, and also the right, to take in adoption;(ii) the person giving in adoption has the capacity to do so;(iii) the person adopted is capable of being taken in adoption; and(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter. Section ...

Feb 27 2001

Panditrao Chimaji Kalure Vs. Gayabai Panditrao Kalure

  • Decided on : 27-Feb-2001

Court : Mumbai

Reported in : AIR2001Bom445; 2002(1)ALLMR840; 2002(2)MhLj53

... maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956; and (2) Even assuming under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a divorced wife could seek maintenance, in this case, when it is clearly established that Gayabai could not prove the necessary conditions, as contemplated under Section 18(2) (a) or (b) or (g) of the said Act, can the lower Court still grant such a maintenance ... Hindu Marriage Act, 1955. Shri Milind Patil, therefore, strongly contended that Hindu Marriage Act, 1955 operates on a different level and Hindu Adoptions and Maintenance Act, 1956, operates in a different sphere. Essential difference, as pointed out by Mr. Milind Patil, is that as far as maintenance under Hindu Adoptions and Maintenance Act, 1956 is concerned, the marriage has to be a subsisting one and the wording of Section 18 Hindu Adoptions and Maintenance Act, 1956 ... maintenance under Hindu. Adoptions and Maintenance Act, 1956, and her only remedy is under Hindu Marriage Act, 1955.24. The second substantial question of law raised by Mr. Milind Patil, learned counsel for the appellant is that even assuming that a divorced wife is entitled to claim maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, in the instant case, Gayabai had failed to establish any case under Section 18(2 ...

Jul 24 1970

Bat Chanchal Guardian of Minor Rameshchandra Pranshanker Vs. Manishank ...

  • Decided on : 24-Jul-1970

Court : Gujarat

Reported in : (1971)12GLR576

... that under the Hindu Adoptions and Maintenance Act, 1956, independent right of adoption has been given to a Hindu female and if a widow adopts a son, he becomes the adopted son of the widow only and does not necessarily become the son of her deceased husband. In support of this proposition, reliance was placed upon Sections 12, 13 and 14 of the Hindu Adoptions and Maintenance Act, 1956 and ... to the Supreme Court. Before the Supreme Court in that case two questions were agitated. The first point was that the adoption was invalid under Clause (ii) of Section 6 read with Sub-section (2) of Section 9 of the Hindu Adoptions and Maintenance Act, 1956. That point was negatived by Their Lordships. In the instant case, the decision of the Supreme Court on the ... ) to Section 12 of the Hindu Adoptions and Maintenance Act, 1956 the properties had vested in Manishanker and that therefore, the plaintiff as the adopted son of Manishanker's brother could not claim a share therein. On merits he recorded the finding that some of the immoveable properties which are more particularly mentioned in this judgment were acquired by the defendant No. 2 ... therefore, by virtue of the proviso (c) to Section 12 of the Hindu Adoptions and Maintenance Act, 1956 it was not open to the plaintiff to divest Manishanker of those properties and to claim a share therein. The second ground on which the suit was resisted principally by the defendant No. 2 was that some of the immoveable properties mentioned in Schedule ...

Apr 25 1952

Dowager Rani Lalitha Kumari Devi and Ors. Vs. The Raja of Vizianagaram ...

  • Decided on : 25-Apr-1952

Court : Chennai

Reported in : AIR1954Mad19

... a proprietor of an impartible estate within the definition of Section 2(3) and that his rights under Ex. P. 6 were superseded by his title as impartible estate holder under the Madras Impartible Estates Act.103. (4) Are the allowances fixed under Exs. P. 11, P. 13 and P. 31 in lieu of maintenance payable to the parties? It will be remembered that ... which the estate was bequeathed to the 'aurasa' son of the testator. In the present case Chittibabu would have on his adoption succeeded to the estate according to this rule.18. Section 3 of the Act of 1904 corresponds to Section 2 of 1902 Act and it declares that the estates included in the schedule shall be deemed to be impartible estates. In my opinion it ... properties were divisible among his heirs who are the plaintiff, his brother, Visweswara Gajapathi and their mother Vidyavathi Devi, who would be entitled to a share under the Hindu Women's Rights to Property Act, (Act XVIII of 1937) and a preliminary decree for partition was passed by consent on 11th January 1950. Dr. Vijayananda Gajapathi and Dowager Rani Lalitha Kumari were impleaded ... the Legislature achieved nothing by including them in the schedule. Section 2 (3) should be reasonably interpreted so as to include the proprietors of all the estates which are declared impartible under the Act. To adopt any other construction would be to render the provisions of the Act infructuous and Courts should be averse to adopt a construction which would render the statute useless and ...

Jan 28 1985

Surendra Nath Malhotra (Huf) Vs. Gift-Tax Officer

  • Decided on : 28-Jan-1985

Court : Income Tax Appellate Tribunal (ITAT) - Kolkata

Reported in : (1985)13ITD499(Kol.)

... Clause (b) of Section 4(1) of the 1957 Act. It was further submitted that while considering the question whether it is a case of gift or not, the question of reasonableness of the amount gifted is irrelevant. It was further submitted that Section 23(1) of the Hindu Adoptions & Maintenance Act has no relevance as it applies only when a claim for maintenance is made in a ... who had been given away in adoption to Shri V.P. Malhotra, had acquired an undivided coparcenary interest in the HUF property by birth and that by virtue of the proviso (b) to Section 12 of the Hindu Adoptions and Maintenance Act, 1956, that interest which had already vested in Navin Prakash before adoption shall continue to vest in him even after adoption. In support of this contention reliance ... to carry out the objects of the trust. It was also contended that at any rate, in view of the provisions of Section 23(2)(d) of the Hindu Adoptions and Maintenance Act, the right of each of the minor daughters to claim maintenance from the settlor stood reduced to the extent of the benefit to which each of them was entitled under their respective trust ... of the amount gifted is irrelevant. It was further submitted that Section 23(1) of the Hindu Adoptions & Maintenance Act has no relevance as it applies only when a claim for maintenance is made in a Court of Law and the Court is required to adjudicate in respect of that claim and quantify the amount of maintenance. Refuting the contention that the amount set apart for ...

Jul 28 2000

Ravi Singhal and others Vs. Manali Singhal and another

  • Decided on : 28-Jul-2000

Court : Delhi

Reported in : II(2000)DMC732

... Section 18 of the Act in fixing the amount of maintenance having regard to the factors mentioned in Section 23. Needless to add that it is the case of the plaintiffs/respondents that the suit has not been laid for claiming maintenance under the provisions of Hindu Adoptions and Maintenance Act, 1956. As such there is no question of applicability of Section 23(1) of the Hindu Adoption and Maintenance Act ... 2 being child of appellant No.1 at the most were entitled to maintenance and had to resort to the provisions of Hindu Adoption and Maintenance Act for claiming maintenance. On the question of entitlement of maintenance between husband and wife, who are Hindus, provisions of Hindu Adoption and Maintenance Act would apply. The right of maintenance flows out of Section 18 of the said Act and Section 23 provide for fixing maintenance ... Maintenance Act, 1956. As such there is no question of applicability of Section 23(1) of the Hindu Adoption and Maintenance Act. On a plain reading of the plaint, it can be seen that it is not a suit for maintenance but a pure and simple suit seeking enforcement of the settlement arrived at between plaintiff No.1 and the defendants/appellants. There is no provision in the Hindu Adoptions and Maintenance Act, 1956 ...

Dec 23 2003

Prakash Vs. Pushpa Vani

  • Decided on : 23-Dec-2003

Court : Andhra Pradesh

Reported in : 2004(3)ALD858; 2004(4)ALT286

... Hindu Adoptions and Maintenance Act. The question is whether this right is taken away by the Hindu Adoptions and Maintenance Act, 1956, which came into force during the pendency of the appeal in the High Court. The Act is intended to amend and codify the law relating to adoptions and maintenance among Hindus. While considering the effect of Sections 21 and 22 with regard to maintenance ... (i.e.,) after the Hindu Succession Act, 1956 came into operation. Hence, it is only Section 14(2) of the Hindu Succession Act that applies but not Section 14(1) of the Act. I have already referred to the decisions of the Supreme Court on this aspect.31. While interpreting Section 14(2) of Hindu Succession Act (for short 'the Act') the Supreme Court ... Hindu Adoptions and Maintenance Act, 1956, which came into force during the pendency of the appeal in the High Court. The Act is intended to amend and codify the law relating to adoptions and maintenance among Hindus. While considering the effect of Sections 21 and 22 with regard to maintenance and dependants in the light of the over riding effect given to the provisions of the Act in Section 4 of the Act ... to maintenance from the estate of the paramour so long as she preserved her sexual fidelity to him.'16. Their Lordships further considered the right of the illegitimate children born to such a concubine in the light of Hindu Adoptions and Maintenance Act. The question is whether this right is taken away by the Hindu Adoptions and Maintenance Act, 1956 ...

Oct 27 1999

In the Matter of Manuel Theodore D'Souza

  • Decided on : 27-Oct-1999

Court : Mumbai

Reported in : 2000(2)BomCR244; II(2000)DMC292

... enacting the Hindu Adoptions and Maintenance Act, 1956 adoption was recognised amongst Hindus as a custom. I need not dwell at length on that aspect as that is not an issue and discussion on the same is not required for the purpose of disposing of the issues arising herein. On the coming into force of the Hindu Adoptions & Maintenance Act, 1956 by virtue of section 2, the Act is ... is not required for the purpose of disposing of the issues arising herein. On the coming into force of the Hindu Adoptions & Maintenance Act, 1956 by virtue of section 2, the Act is made applicable to any person (a) who is a Hindu by religion in any of its forms; (b) to any person who is a Buddhist, Jaina or Sikh by religion and ... within the definition of 'Hindu' as defined in the Hindu Adoption & Maintenance Act, 1956. A question immediately arose,whether a civilised State committed to the Rule of law, governed by a written Constitution and signatory to International Conventions on the Rights of a child, could deny to a section of its own citizens the right to adopt a child and to give ... adoption. The petitioners being Christians are presently only entitled to be appointed as guardians. They do not fall within the definition of 'Hindu' as defined in the Hindu Adoption & Maintenance Act, 1956. A question immediately arose,whether a civilised State committed to the Rule of law, governed by a written Constitution and signatory to International Conventions on the Rights of a child, could deny to a section ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //