Skip to content

Filter by :

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

Jun 15 2001

Saroja Vs. Janardhanan

  • Decided on : 15-Jun-2001

Court : Kerala

Reported in : 2001CriLJ3111; II(2001)DMC528

... Hindu Adoptions and Maintenance Act or otherwise and that an observation made by this Court while disposing of S.A. No.115/93 should not stand in the way of the criminal court considering maintenance for the wife and child independently. During arguments, the learned counsel also placed reliance on S. 25 of the Hindu Marriage Act in this regard.5. Ss. 25(1) and 25(2 ... S. 25(2) of the Act. If there is change of circumstances, the right of the petitioners appear to be to proceed under S. 18(1) of the Hindu Adoptions and Maintenance Act only ... 2) of the Act. In contrast, where the relief of dissolution of marriage is denied by the court thereby allowing the marital status to continue, a Hindu wife, who is admitted that status, can live in separation from her husband and in that event, her claim maintenance cannot be allowed under S. 25(1), though it is preserved under S. 18(1) of the Hindu Adoptions ... 2) of the Cr.P.C.9. I find no illegality, irregularity or incorrectness in the said finding of the learned Sessions Judge. Leaving open the right of the petitioners available under the Hindu Adoptions and Maintenance Act ... maintenance before the Court either under the Hindu Adoptions and Maintenance Act or otherwise and that an observation made by this Court while disposing of S.A. No.115/93 should not stand in the way of the criminal court considering maintenance for the wife and child independently. During arguments, the learned counsel also placed reliance on S. 25 of the Hindu Marriage Act ...

Sep 08 2006

Sadhu Singh Vs. Gurdwara Sahib Narike and Ors.

  • Decided on : 08-Sep-2006

Court : Supreme Court of India

Reported in : AIR2006SC3282; 2007(1)ALT12(SC); 2006(4)AWC3865(SC); 2006(4)CTC773; JT2006(8)SC525; (2007)1MLJ25(SC); 2007(1)OLR(SC)18; 2006(9)SCALE83; (2006)8SCC75

... Hindu male by way of testamentary disposition, placing a restriction on the right given to the widow, the question whether Section 14(2) would not be attracted, was not considered at all by the High Court. It proceeded as if the ratio of V. Tulasamma (supra) would preclude any enquiry in that line. 4. Under Section 18 of the Hindu Adoptions and Maintenance Act, a Hindu ... Act.12. When a male Hindu dies possessed of property after the coming into force of the Hindu Succession Act, his heirs as per the schedule, take it in terms of Section 8 of the Act. The heir or heirs take it absolutely. There is no question of any limited estate descending to the heir or heirs. Therefore, when a male Hindu dies after 17.6.1956 ... Section 18 of the Hindu Adoptions and Maintenance Act, a Hindu wife is entitled to be maintained by her husband during her life time, subject to her not incurring the disqualifications provided for in Sub-section (3) of that Section. The widow is in the list of dependants as defined in Section 21 of the Act. The widow remains a dependant so long as she does not remarry. Under Section ...

Oct 24 2008

Bakerao S/o Rangrao Ulhe Vs. Ramkrishna Rajaram Kshirsagar through Gua ...

  • Decided on : 24-Oct-2008

Court : Mumbai

Reported in : 2008(6)ALLMR535; 2009(3)BomCR889

... maintenance under the provisions of Hindu Adoptions and Maintenance Act or otherwise. She had been undisputedly living with her husband upon her husband's death till the Will was probated, she was enjoying the property as her own. Even in terms of the Will dated 19-03-1991 she had a right of enjoyment in respect of the entire property.The High Court then noticed Section ... 2). Could it be said that by virtue of Vyavashta-patra Exh. 48 the absolute right of ownership of Banabai in respect of suit property is extinguished and or restricted right?(3). What is the scope and ambit of Section 14 of the Hindu Succession Act, 1956 ... Hindu Adoptions and Maintenance Act or otherwise. She had been undisputedly living with her husband upon her husband's death till the Will was probated, she was enjoying the property as her own. Even in terms of the Will dated 19-03-1991 she had a right of enjoyment in respect of the entire property.The High Court then noticed Section 30 of the Act ... Section 14 of the Hindu Succession Act, 1956 vis-a-vis Exh. 48 the Vyvastha-patra?Learned Counsel for the appellant has submitted that the suit property was allotted to Banabai by her husband in lieu of maintenance by a registered Vyavastha-patra, long back in the year 1960. Its possession was also given. In view of the provisions of Section 14 of the Hindu Succession Act ...

Jan 21 2003

Smt. Prem Lata W/o Sh. Raj Kumar Aggarwal and Smt. Usha Devi W/o Sh. R ...

  • Decided on : 21-Jan-2003

Court : Delhi

Reported in : 2003IAD(Delhi)829; 102(2003)DLT864; 2003(66)DRJ664

... have any right of residence or maintenance, they could claim it from their husbands. They have not filed any suit for maintenance etc. under Hindu Adoption and Maintenance Act. 13. Learned counsel for the appellants at this stage submits that the execution of the proceedings may be stayed till the appellants file petition under Section 18 of the Hindu Adoption and Maintenance Act (in short 'the Act'). In view of the peculiar ... same from the trial court. Thus, the approach of the lower appellate court in this behalf was wrong, illegal and misconceived.'7. It may be mentioned here that sub rule (2) rule 6A of Order 22 provides that '...... decree is draw up as expeditiously possible and in any case within 15 days from the date on which the judgment is ... proceedings may be stayed till the appellants file petition under Section 18 of the Hindu Adoption and Maintenance Act (in short 'the Act'). In view of the peculiar circumstances of the case, I think that this Court should accept this prayer and should give the appellants two months' time to move appropriate application under Section 18 of the Act against their husbands.14. For the aforesaid reasons, ... view which is technical in the sense that the decree sheet has not been filed in time and thereforee, the appeal is not maintainable; and secondly, the view as is adopted in Puran Singh v. Jagtar Singh (supra) that the appellant could be directed to file the certified copy of the decree under appeal after obtaining the same from the ...

Aug 26 2002

Arti Dass Vs. Tirath Parkash Sharma

  • Decided on : 26-Aug-2002

Court : Delhi

Reported in : 2002(64)DRJ747

... dependant even under the extended meaning of the term 'dependant' by including divorced daughter under Section 21(iv) of the Hindu Adoption and Maintenance Act. I had to refer to the terms 'family' and 'dependant' in view of the term 'family' used in Section 2(1) of the Delhi Rent Control Act to find out the meaning of the member of family. This was essential further on account ... Section 21 of the Hindu Adoption and Maintenance Act, the term 'dependant' would include the widowed daughter subject to the condition that she is unable to obtain maintenance from the estate of her husband, her son or daughter or her father-in-law or his father or estate of either of them. There is no doubt that the divorced daughter has not been mentioned under Section 21 ... of his heirs ; (c) 'urban area' has the same meaning as in the Delhi Municipal Corporation Act, 1957 (66 of 1957) 10. While Section 21 of the Adoption and Maintenance Act refers to daughter, and widowed daughter, Sub-clause (b) of Sub-clause (iii) of Clause (1) of Section 2 does not keep even that distinction. Consequently, separated or divorced daughter would be included in the definition ... of Section 2 of the Delhi Rent Control Act. There could be no dispute about the proposition that sub-Sub-clause (b), of Sub-clause (iii) of Clause (1) to Section 2 refers to 'son or daughter' both, without any qualification. But one has to read this clause in terms of Explanationn I and II to Clause (1) of Section 2(i) of the Delhi Rent Control Act ...

Aug 27 1990

Ashok Kumar Ratanchand Vs. Commissioner of Income-tax

  • Decided on : 27-Aug-1990

Court : Andhra Pradesh

Reported in : (1991)93CTR(AP)202; [1990]186ITR475(AP)

... in Section 18 of the Hindu Adoptions and Maintenance Act, 1956. That maintenance must necessarily come from the income of the property in cases where the husband has such income. It follows that the property which a Hindu coparcener obtains on partition and who marries subsequently is conditioned by the obligation to maintain his dependants. The status of the unit of assessment is necessarily that of a Hindu ... of a single individual is a contradiction in terms. Section 2(31) of the Income-tax Act, 1961, treats a Hindu undivided family as an entity distinct and different from an individual. Assessment in the status of a Hindu undivided family can be made only when there are two or more members of the Hindu undivided family.' 16. The court noticed that in Gowli ... that obligation has been given statutory recognition by the provisions of Section 18 of the Hindu Adoptions and Maintenance Act, 1956. This court had occasion to consider the extent and effect of the right of a Hindu wife to be maintained by her husband in Manikyam v. Venkayamma AIR 1957 AP 710. This court held that maintenance of a wife by her husband is a matter of ... of a Hindu wife to be maintained by her husband was recognised from ancient times. The law has not been altered so far. If at all, that obligation has been given statutory recognition by the provisions of Section 18 of the Hindu Adoptions and Maintenance Act, 1956. This court had occasion to consider the extent and effect of the right of a Hindu wife to be ...

Nov 12 1980

Kesharbai Jagannath Gujar Vs. The State of Maharashtra and Ors.

  • Decided on : 12-Nov-1980

Court : Mumbai

Reported in : AIR1981Bom115; (1981)83BOMLR159; 1981MhLJ1

... motu enquiry under S. 45 (2) of the said Act, the Divisional Commissioner issued notices to the parties and heard the parties. According to the Commissioner Kesharbai became full owner of the entire property left by her husband as a result of Section 14 of the Hindu Succession Act read with Section 12(c) of the Hindu Adoptions and Maintenance Act, 1956. In that view Kesharbai ... a Hindu female under Section 14(1) of that Act is unaffected by any subsequent event and cannot be abrogated by referring to certain fictions under the Shastric Hindu Law. In this judgment also the adoption was made on 13th July 1956, which is the date after the coming into force of the Hindu Succession Act but before the date when the Hindu Adoptions and Maintenance Act, 1956 ... to certain fictions under the Shastric Hindu Law. In this judgment also the adoption was made on 13th July 1956, which is the date after the coming into force of the Hindu Succession Act but before the date when the Hindu Adoptions and Maintenance Act, 1956 came into force. There is, therefore, no reference to the provisions of Section 12 of that Act in this judgment also. ... introduction of Section 14(1) of the Hindu Succession Act. Now, we may also point out at this stage that the adopted son gets all the rights and privileges which the natural born son has under the Shastric Hindu Law. A declaration to that effect is also made by the provisions of Section 12 of the Hindu Adoptions and Maintenance Act, 1956. The adopted child is ...

Oct 01 1959

Mukta Bai and Ors Vs. Kamalaksha and Ors.

  • Decided on : 01-Oct-1959

Court : Karnataka

Reported in : AIR1960Kant182; AIR1960Mys182; ILR1959KAR1078

... plaintiffs have acquired a right to claim maintenance from the estate of their putative father under the provisions of the Hindu Adoption and Maintenance Act, 1956(Central Act LXXVIII) of 1956). His contention is that an illegitimate daughter as defined by S. 21 of that Act is a dependant and S. 22(1) of the Act entitles an illegitimate daughter to claim maintenance from the person who takes the ... ss. (1) and (2) which, in our opinion, have to be read together, the rule that emerges out of those two sub-sections is that a dependant of a male or a female deceased Hindu who has not obtained any share in the estate of the deceased, dying after the commencement of the Hindu Adoptions and Maintenance Act, is entitled to maintenance from those who took ... of the Hindu Adoptions and Maintenance Act.(8) Section 20 of the Act provides that subject to the other provisions of that section, a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her infirm parents. It is, therefore, clear that the provisions of that section constitute a departure from the provisions of the Hindu Law as ... out of those two sub-sections is that a dependant of a male or a female deceased Hindu who has not obtained any share in the estate of the deceased, dying after the commencement of the Hindu Adoptions and Maintenance Act, is entitled to maintenance from those who took the estate of the person dying after the commencement of the Act. In other words, the ...

Jul 07 1976

Commissioner of Gift-tax Vs. Ch. Chandrasekhara Reddy

  • Decided on : 07-Jul-1976

Court : Andhra Pradesh

Reported in : [1976]105ITR849(AP)

... adopted by the taxing authorities was disputed. 4. The Appellate Tribunal considered the liability of a Hindu to maintain his children as provided under Sub-section (1) of Section 20 of the Hindu Adoptions and Maintenance Act, 1956, and held that the assessee was under an obligation, both under the general Hindu law as well as under the Hindu Adoptions and Maintenance Act ... : [1969]74ITR758(Mad) the words 'money's worth' in Section 2(xii) of the Gift-tax Act came up for consideration before a Division Bench of the Madras High Court and it was held that the words ''money's worth' in Section 2(xii) of the Gift-tax Act, 1958, have a wide connotation and are ... Hindu Law in a Hindu undivided family. It was, therefore, contended that the said transfer was not liable to gift-tax. Before the Appellate Tribunal also, the valuation adopted by the taxing authorities was disputed. 4. The Appellate Tribunal considered the liability of a Hindu to maintain his children as provided under Sub-section (1) of Section 20 of the Hindu Adoptions and Maintenance Act, 1956 ... Hindu Adoptions and Maintenance Act, 1956, apart from his liability under the general Hindu Law in a Hindu undivided family. It was, therefore, contended that the said transfer was not liable to gift-tax. Before the Appellate Tribunal also, the valuation adopted by the taxing authorities was disputed. 4. The Appellate Tribunal considered the liability of a Hindu to maintain his children as provided under Sub-section (1) of Section ...

Jul 16 1964

Chandrakunverba Vs. Randhirsinhji Chandrasinhji

  • Decided on : 16-Jul-1964

Court : Gujarat

Reported in : AIR1965Guj270

... Hindu Adoptions and Maintenance Act, 1956, hereinafter referred to as 'the Act', but we find nothing in that Act which would deprive the plaintiff of her right to arrears of maintenance which had already accrued to her on account of the wrongful withholding by the defendant. Section 21(iii) includes a widow in the definition of the word 'dependants' and section 22(1) provides that the heirs or a deceased Hindu ... for our purpose, recognises the rights of full ownership, use and enjoyment of the Talukdar in all lands of the Taluka. Now 'Jagir' is defined in section 2 (vi) of the Act as the grant by or recognition as a grant by, the ruling authority for the time being before the merger of a village, whether such grant is ... Court considered adequate for her maintenance and, therefore, there is no question of any exercise of discretion in his case. Finally, Mr. Oza relied on the provisions of the Hindu Adoptions and Maintenance Act, 1956, hereinafter referred to as 'the Act', but we find nothing in that Act which would deprive the plaintiff of her right to arrears of maintenance which had already accrued to ... maintenance for the entire period claimed by the plaintiff and at the full rate, which the trial Court considered adequate for her maintenance and, therefore, there is no question of any exercise of discretion in his case. Finally, Mr. Oza relied on the provisions of the Hindu Adoptions and Maintenance Act, 1956, hereinafter referred to as 'the Act', but we find nothing in that Act ...

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