Court : Mumbai
Reported in : 2005(2)ALLMR218; 2005(2)BomCR185; II(2005)DMC17
..... of passing a decree or subsequent thereto.17. it also cannot be lost sight of that hindu marriage act is a special legislation codifying the ancient hindu law. the object of codification of the particular branch of law is that on any matter specifically dealt with by it, the law should be sought for in the codifying enactment itself. thus, apart from other enactment, such ..... as hindu adoption and maintenance act, 1956, where section 18 also gives a right to a hindu wife to claim maintenance, ..... the court at kalyan which had jurisdiction to take cognizance of application under section 25. he contends that the learned court below has not followed the law correctly. he contends that section 19 of hindu marriage act is considered by this court and the court has found that section 25 is worded differently and jurisdiction to entertain application under section 25 ..... by liberality of interpretation interchangeability cannot be permitted so as to destroy the distinction on the subject of maintenance.'9. thus, from the law as emerging, it is apparent that once the marriage is dissolved, section 18 of hindu adoptions and maintenance act has no application and the respondent/wife has to move an application only under section 25 of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(4)ALT98
..... her within the meaning of this section.' 14. it is no doubt true that wills or codicils initially were unknown to ancient hindu law and the first legislation dealing with execution and the interpretation thereof was the indian succession act 1865 which was not applicable to hindus and in 1870 ..... her sister andalamma and that an undivided share cannot be bequeathed by a will especially in the light of the provisions of section 30 of the hindu succession act, 1956, r/w. sections 59 and 63 of the indian succession act, 1925.3. the learned counsel for the appellant/plaintiff had ..... to hindus.explanation: the interest of a male hindu in a mitakshara coparcenary property or the interest or a member of a tarwad, tavazhi, illom, kutumba or ..... testamentary succession reads as hereunder : 'any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the indian succession act, 1925 (39 of 1925), or any other law for the time being in force and applicable ..... kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavuru shall, notwithstanding anything contained in this court or in any other law for the time being in .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1951All529
..... be no injunctions of that law upon the subject and a fortiori no sanction or prohibition of such a marriage. the history of ..... and specific provision of the hindu law which prohibits the marriage of a hindu with a christian. any analogy from the texts of the hindu law or from judicial decisions showing that certain marriages are not recognised or approved by the hindu law will afford no assistance in construing section 88. as the ancient hindu law givers never contemplated the marriage of a hindu with a non-hindu, it follows there could ..... heirs jointly with respondents 1 and 2 and were brought on the record of pending proceedings as such. in these circumstances the second of the two principles from sastri's hindu law which i have quoted earlier would be applicable and the case would also be covered by the scope of the decision in muthusami mudaliar v. masilamani, 33 mad. 342 : (5 ..... refusal to cohabit by the spouse who had not been converted that the marriage could be dissolved. this was not merely the effect of the act but also of the hindu law, according to which marriage is indissoluble and the conversion of one of the parties to another religion does not terminate the marriage : vide in re millard, 10 mad. 218, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1971SC1454; 78ITR33(SC); (1970)2SCC436; 1SCR748
..... gains on his efforts'. in making this observation, the judicial committee appears to have been guided by certain ancient hindu law texts. that view of the law became a serious impediment to the progress of the hindu society. it is well known that the decision in gokul chand's case 48, i. a. 162 ..... court in piyeare lal adishwar lal v. commissioner of income-tax : (1966)iillj759sc ; therein one sheel chandra, who was the karta of his hindu undivided family consisting of himself and his younger brother, furnished as securtiy his family properties for being appointed the treasurer of a bank. he would not ..... managing directorship was an employment of personal responsibility and ability and the mere fact that certain qualification shares and other shares were property of the hindu undivided family was not the sole or even the main reason for his appointment to the responsible post of managing director. we are clearly of ..... of the family. on appeal this court held that the question whether the income was the income of the hindu undivided family or of the individual was a mixed question of law and fact and the final conclusion drawn by the tribunal from the primary evidentiary facts was open to challenge on ..... gave rise to great deal of public dissatisfaction and the central legislature was constrained to step in and enact the hindu gains of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2008SC1058; 2008(2)ALD105(SC); 2008(5)BomCR362; (SCSuppl)2008(2)CHN46; 2008(1)CTC856; [2008(2)JCR91(SC)]; JT2008(1)SC443; (2008)1MLJ1083(SC); 2008(1)SCALE372; 2008AIRSCW652; 2008(2)KCCRSN103
..... be made if the natural son is a congenital lunatic or an idiot.12. the origin of custom of adoption is lost in antiquity. the ancient hindu law recognized twelve kinds of sons of whom five were adopted. the five kinds of adopted sons in early times must have been of very secondary ..... of property is only of secondary importance.14. in hem singh v. harnam singh : 1scr44 it was observed by this court that under the hindu law adoption is primarily a religious act intended to confer spiritual benefit on the adopter and some of the rituals have, therefore, been held to be mandatory, ..... ; but although the secular motive was dominant, the religious motive was undeniable. the religious motive for adoption never altogether excluded the secular motive. (see mayne's hindu law and usage, 12th edn., p. 329.)13. as held by this court in v.t.s. chandrasekhara mudaliar v. kulandaivelu mudaliar : 2scr440 substitution ..... whether by legitimate blood relationship or by adoption, living at the time of adoption.prior to the act under the old hindu law, article 3 provided as follows:3. (1) a male hindu, who has attained the age of discretion and is of sound mind, may adopt a son to himself provided he has ..... son'. the restrictions flowing from this maxim had the effect of eliminating most of the forms of adoption. (see hindu law by s.v. gupte, 33rd edn., at pp. 899-900.) the whole law of dattaka adoption is evolved from two important texts and a metaphor. the texts are of manu and vasistha, and .....Tag this Judgment!
Court : Chennai
Reported in : AIR1977Mad304
..... form of a mother. i do not find any reason why a different law should be laid down in respect of the powers of a hindu mother in regard to the same. in fact, it is well known that ancient hindu law made no provisions for execution of wills either for disposition of the property or ..... recognised. that act makes no distinction between a hindu father and a hindu mother in the matter of appointment ..... for appointment of guardians. it is only under the hindu wills act. 1870, such a power was ..... the defendants 1 to 3 have filed the appeal.2. the learned counsel for the appellants submitted that there is no prohibition under the hindu law against a hindu woman appointing by will a guardian for her minor children in respect of the properties bequeathed by her. per contra, the learned counsel for ..... to the minor. in support of this contention the learned counsel for the respondents relied on the following passages in mulla and mayne on hindu law:mulla, p. 532--"a hindu father may, by word of mouth or by writing, nominate a guardian for his children, so as to exclude even the mother from .....Tag this Judgment!
Court : Chennai
Reported in : (1971)1MLJ439
..... : air1970all238 does not take the matter any further. the statement that 'the scheme of section 14 apparently is to give full proprietary rights to hindu women where she got only limited rights by virtue of ancient hindu law but not to affect those which were received under an instrument by deliberate human volition', has put the matter too widely. observations to similar effect ..... inheritance or at partition or treat them as out and out fresh acquisitions without any vestige and semblance of title prior thereto. according to settled rules of hindu law as laid down in the hindu law texts and according to the judicial decisions, it is impossible to take the view that allotment of properties for maintenance should be treated as totally unconnected with ..... of the prevalent notions existing then, or is the transaction predominently in the realm of contracts. there is bound to be overlapping and in the same field considerations of hindu law or alternatively the effect and operation of individual contracts may operate. in either of the categories of the arrangements the notion of a contract is substantially involved and so the ..... the privy council applied the classical statement of lord westbury in appovier's case (1866) 11 mi.a. 75, that 'according to the true notion of an undivided family in hindu law, no individual member of that family, whilst it remains undivided, can predicate of the joint and undivided property, that he, that particular member, has a certain definite share.' the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1999Cal109
..... performance of religious duties. it is not a contract. marriage is a sanskara or sacrament. it is the last of the ten sacraments enjoined by the hindu religion for purifying the body from inherited taint. the ancient hindu law recognized eight forms of marriage, of which four were approved forms, and four unapproved. the approved forms were 'brahma', 'daiva', 'arsha' and 'prajapatya'. the ..... not apply to the indian witness.26. thirdly, the photographs namely, exhibit 'e' series if are taken into account would clearly show that there was a marriage solemnised under the hindu law between the respondent and the appellant and the appellant was a willing party to the same. however, as the negatives of exhibit 'e' series were not filed in the trial ..... dw-2, the priest himself in his evidence had categorically stated that he had performed marriage ceremony of the respondent with the appellant but not as prescribed according to the hindu rites and customs. the bride and bridegroom sat together and 'homa' was performed but the ceremonies were not performed properly. saptapadi was not performed. he also admitted that it ..... held between the respondent and the appellant, which would also be evident from the photo-graphs being exhibit 'e' series. it must be presumed that all the necessary ceremonies of hindu marriage were duly performed and since there was no corroborative evidence given by anybody on behalf of the appellant, accept the appellant's own evidence, that evidence should not be .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1985)11ITD683(Hyd.)
..... individual can only be governed by that act, the obligation as regards huf's property, about which there is no provision made in the hindu adoptions and maintenance act, will have to be governed by the ancient hindu law. it was also submitted that before a partition took place of the joint family property, provision should be made for maintenance and marriage expenses ..... property in which the deceased also had an interest and, therefore, that the act may not modify or affect the maintenance provisions as regards joint family property under the shastric hindu law, also seems apparently significant. . . .but, however, the tribunal preferred to follow the ratio of the judgment of the madras high court in the case of karuppana gounder (supra). it ..... tribunal in smt. k. s. jayain's case (supra) wherein it was stated as under : we have considered rival contentions carefully. it appears that article 304 of mulla's hindu law which provides for determination of 'the property available for partition' before actual, notional partition can take place has not been considered as such by the learned judges of the madras ..... after considering the judgment of the madras high court in karuppana gounder's case (supra) : we have considered rival contentions carefully. it appears that article 304 of mulla's hindu law which provides for determination of 'the property available for partition' before actual notional partition can take place has not been considered as such by the learned judges of the madras .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1996)55TTJ(JP.)523
..... landmark of social organisation and the foundation of important legal rights or obligations. marriage and sonship constitute some of the unique chapters in the literalages of ancient hindu law. in hindu law, unlike the muslim and christian laws, marriage had been considered and treated as a samskar or sacrament sanction by religion and recognition by society heightened the character and importance of this institution ..... a man with a woman to the exclusion of all others, was the approved rule. therefore, the concept of divorce, in its strict sense, was alien to the pure hindu law. but hindu law was never static or stoid, as was, condemnable, wrongly considered by certain english commentators, but was empiric and progressive and a living system. while marriage for life is the ..... this property.15. once the distinction between the two concepts of the huf and the coparcenary is kept in mind it becomes abundantly clear that under the pure hindu law whereas a hindu female might well be a member of an huf, she was not a member of the coparcenary. her membership of the huf did not create any right to ..... right to it is obstructed by the existence of the owner. another distinction between the two is that whereas unobstructed heritage devolves by survivorship, obstructed heritage devolves by succession.12. hindu law divides property into two classes, namely, (i) joint family property and (ii) separate property. joint family property may further be sub-divided into (a) ancestral property and (b) .....Tag this Judgment!