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

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 ...

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 ...

Mar 10 1992

Basappa Vs. Siddagangamma

  • Decided on : 10-Mar-1992

Court : Karnataka

Reported in : II(1992)DMC167; ILR1992KAR1798; 1992(2)KarLJ357

... to be a Hindu by conversion to another religion; (g) if there is any other cause justifying her living separately.' The Hindu Adoptions and Maintenance Act, 1956 came into force on 21-12-1956. Clause(d) of Sub-section (2) of Section 18 of the Hindu Adoptions and Maintenance Act, entitles the wife to claim maintenance if the ... Act.' Section 18 of the Hindu Adoptions and Maintenance Act, 1956 reads as under:-(1) Subject to the provisions of this Section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime. (2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance ... Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.' Section 18 of the Hindu Adoptions and Maintenance Act, 1956 reads as under:-(1) Subject to the provisions of this Section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime. (2) A Hindu ... maintenance under the provisions of the Hindu Adoptions and Maintenance Act, 1956, which came into force on 21-12-1956 as being maintainable inspite of affirmation of the issue that her marriage with the first defendant as being null and void. This Court in KISHAN v. SAKHARABAI AND ANR., 1987(2) KLJ 357 has discussed the scope and ambit of Sections 11 and 25 of the Hindu Marriage Act ...

Mar 13 2003

Poojarani alias Adilakshmi Vs. Krishna Reddiar

  • Decided on : 13-Mar-2003

Court : Chennai

Reported in : (2003)2MLJ90

... Section 14(1) of the Hindu Succession Act, 1956. But, however, the appellant's claim is sustainable under the Hindu Adoption and Maintenance Act, 1956, as we have already seen that Section 21 deals with 'dependants' and the father is liable to maintain his widowed daughter. 32. Section 22(2) of the Hindu Adoptions and Maintenance Act, 1956, states, 'Where a dependant has not obtained, by testamentary or interstate succession, any share in the estate of a Hindu ... Hindu Adoption and Maintenance Act, 1956, as we have already seen that Section 21 deals with 'dependants' and the father is liable to maintain his widowed daughter. 32. Section 22(2) of the Hindu Adoptions and Maintenance Act, 1956, states, 'Where a dependant has not obtained, by testamentary or interstate succession, any share in the estate of a Hindu dying after the commencement of this Act ... Hindu Adoptions and Maintenance Act, 1956 (Act 78 of 1956). Section 18 deals with 'maintenance of wife' and Section 19 deals with 'maintenance of widowed daughter-in-law', who is entitled to be maintained after the death of her husband by her father-in-law on certain conditions. Section 20 deals with 'maintenance of children and aged parents' and Section 21 deals with 'dependants' and clause (vi) of 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 ...

Feb 20 2003

G. Chilakamma Vs. G. Sattaiah

  • Decided on : 20-Feb-2003

Court : Andhra Pradesh

Reported in : 2003(4)ALD219; 2003(5)ALT354

... Section 23 of the Hindu Adoptions and Maintenance Act, 1956 deals with amount of maintenance and Sub-section (2) of Section 23 specifies as hereunder:'Amount of maintenance :--(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act ... Section 18 of the aforesaid Act need not be gone into the second appeal especially in the light of the fact that the respondent/defendant/ husband had not preferred any appeal as against the judgment and decree made in the aforesaid appeals referred to supra. Section 23 of the Hindu Adoptions and Maintenance Act, 1956 deals with amount of maintenance and Sub-section (2) of Section 23 specifies as hereunder:'Amount of maintenance :--(2 ... Section 23(2) of the Hindu Adoptions and Maintenance Act, 1956 makes no departure from these principles as enunciated in AIR 1929 PC 128 except perhaps to a limited extent envisaged in Sub-clauses (d) and (e) of Section 23(2) of the said Act.12. In Jasbir Kaur Sehgal 's case (supra) the Apex Court had dealt with the factors to be considered in deciding the maintenance pendente lite under Section ...

Dec 05 1985

Maharaja Nadar Vs. Muthukani Ammal

  • Decided on : 05-Dec-1985

Court : Chennai

Reported in : AIR1986Mad346

... Sec. 18(2)(d) of the Hindu Adoptions and Maintenance Act, 1956, could not be the same as a right of judicial separation under See. 10(2) of the Hindu Marriage Act, 1955. While dealing' with the above aspect, the Supreme Court in Smt. Rohini Kumari v. Narendra Singh, : [1972]2SCR657 , has observed as follows: -'The true principle behind Sec. 18(2) of the Hindu Adoptions and Maintenance Act, 1956 ... section. The Hindu Adoptions and Maintenance Act, 1956, hereinafter called the Maintenance Act also amended and codified the law relating to adoptions and maintenance among Hindus. Sec. 18(2) provides inter alia that the Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance ... Sec. 13 gives several grounds for dissolution of marriage by a decree of divorce and one of the grounds is the one contained in sub-see. (1-A) of that section. The Hindu Adoptions and Maintenance Act, 1956, hereinafter called the Maintenance Act also amended and codified the law relating to adoptions and maintenance among Hindus. Sec. 18(2) provides inter alia that the Hindu ...

Jan 04 1973

Dr. Narpat Singh Gehlot Vs. Shri Krishna Kumar and Chandra Lekha

  • Decided on : 04-Jan-1973

Court : Rajasthan

Reported in : 1973(6)WLN10

... maintenance is based on Clause (b) of Sub-section (2) of Section 18 of the Hindu Adoptions and Maintenance Act which runs as follows:Section 18-Maintenance of wife:(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.(2) A Hindu ... section (2) of Section 18 of the Hindu Adoptions and Maintenance Act which runs as follows:Section 18-Maintenance of wife:(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance ... Section 10, CPC as Krishna Kumar is not a party to the proceedings pending in the Court of Second Civil Judge, Kanpur. The petition by the son is based only on Section 20 of the Hindu Adoptions and Maintenance Act.10. Learned Counsel for Dr. Gehlot drew my attention to Clause (e) of Sub-section (2) of Section 23 of the Hindu Adoptions and Maintenance Act, and contended that whether or not any maintenance ...

Aug 01 2003

B.S. Jayalakshmi and Ors. Vs. B.S. Sairam

  • Decided on : 01-Aug-2003

Court : Chennai

Reported in : 2003(4)CTC153; I(2004)DMC270

... is not entitled to claim maintenance as per Section 18(1) & 2(b)& (g) of the Hindu Adoption and Maintenance Act, 1956.6. After enquiry, the learned Principal Judge dismissed the petition in I.A.No. 538 of 2002 by holding that the petition under Section 24 of the Hindu Marriage Act, 1955 is not maintainable and hence the petitioners are not entitled for interim maintenance. Being aggrieved thereby ... Judge, Family Court at Chennai.2. The first petitioner, who is the wife of the respondent, has filed a petition for alimony before the said Court, under Section 18(1) & (2) (b) & (g) of the Hindu Adoption and Maintenance Act, 1956. It is stated that the marriage between the duo was solemnized on 23.2.1987 at Salem as per the Hindu rites and customs. Subsequent ... under Section 18(1) & (2) (b) & (g) of the Hindu Adoption and Maintenance Act, 1956. It is stated that the marriage between the duo was solemnized on 23.2.1987 at Salem as per the Hindu rites and customs. Subsequent to the marriage, in- the wake of some misunderstanding, the first petitioner has filed the above petition in O.P.No. 723 of 2001 claiming maintenance from ... application in I.A.No.538 of 2002 claiming interim maintenance which was contested by the respondent stating that the petition is not at all maintainable under law.4. It is contended by the respondent that the petition filed under Section 18(1) & 2(b) & (e) of the Hindu Adoption and Maintenance Act, 1956 claiming alimony is not at all maintainable and even if ...

Aug 18 2008

Sriram Jain Vs. Manjubai Jain and Ors.

  • Decided on : 18-Aug-2008

Court : Orissa

Reported in : AIR2009Ori104

... adoption.(e) The mandatory requirements of Section 9 of the Hindu Adoptions and Maintenance Act were not complied with.(f) Ext. 2 was not a registered document, and as such presumption of its correctness did not arise as per Section 16 of the Hindu Adoptions and Maintenance Act.(g) Ext. 1 the School Admission Register and other documents established that Binod was fifteen years of age on the alleged date of his adoption ... 2 to establish his adoption. According to Mr. Sarangi, the said Exhibit being an unregistered document, neither the presumption flowing from Section 16 of the Hindu Adoptions and Maintenance Act was attracted nor could the same be exhibited in evidence. This submission of Mr. Sarangi is strongly repudiated by Mr. Misra. According to Mr. Misra, Ext. 2 ... adoption ceremony was examined as a witness on behalf of the defendants.(d) The natural mother of Binod though alive was not examined from the side of the defendants to prove that she had given her son in adoption.(e) The mandatory requirements of Section 9 of the Hindu Adoptions and Maintenance Act were not complied with.(f) Ext. 2 ...

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