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Judgment Search Results Home > Cases Phrase: hindu adoption and maintenance act 1956 Page 1 of about 5,265 results (0.060 seconds)

Jan 11 2008 (SC)

Brajendra Singh Vs. State of M.P. and anr.

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

..... adopt a son.4. the high court noted that there was a great deal of difference between a female ..... before the high court. a point was raised that the adoption was not valid in the absence of the consent of mishri bai's husband. the high court allowed the appeal holding that in view of section 8(c) of hindu adoption and maintenance act, 1956 (in short the 'act') stipulated that so far as a female hindu is concerned, only those falling within the enumerated categories can ..... hindu who is divorced and who is leading life like a divorced woman. accordingly the high court held that the claimed adoption is ..... property is only of secondary importance.14. in hem singh v. harnam singh : [1955]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, and compliance with them regarded as a condition of the validity of .....

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Feb 27 2001 (HC)

Panditrao Chimaji Kalure Vs. Gayabai Panditrao Kalure

Court : Mumbai

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

..... ) once if the court holds that there has been a divorce between husband and wife, whether a court can grant 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 ..... hindu marriage act, 1955 and she cannot have any recourse under hindu adoptions and maintenance act, 1956, inasmuch as, the precondition for application of hindu adoptions and maintenance act, 1956, for a wife to seek maintenance is that the marriage must be subsisting. under these circumstances, i answer the first substantial question of law to the effect that a divorced wife cannot claim any maintenance under hindu. adoptions and maintenance act, 1956, and her only remedy is under hindu marriage act ..... petition under 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 itself makes .....

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Dec 23 2003 (HC)

Prakash Vs. Pushpa Vani

Court : Andhra Pradesh

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

..... her life time and the same remained intact even after codification of the law relating to property rights of a hindu. it cannot be said that under the provisions either the hindu women's right to property act or the hindu adoptions and maintenance act, 1956, that right was taken away, in the absence of any specific provision, to the effect that the concubine is ..... 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, 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 ..... not entitled for any maintenance. since the parliament has taken the initiative to codify the hindu law to remedy to some extent the ..... and 22 with regard to maintenance and dependants in the light of the .....

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Sep 16 2009 (HC)

In Re: Adoption of Payal @ Sharinee Vinay Pathak and His Wife Sonika S ...

Court : Mumbai

Reported in : 2010(1)BomCR434; 2009(111)BomLR3816

..... deals with rehabilitation and social integration. harmonising the act of 1956 and the juvenile justice act, 200017. the hindu adoptions and maintenance act, 1956 regulates adoptions by or to a hindu. the act spells out requisites of valid adoptions, defines capacities for men and women professing the hindu religion to take in adoption and to give in adoption, for persons who may be adopted and the conditions for adoption. the act enunciates consequences or effects of a valid ..... the inconsistency cannot be reconciled.' municipal council, palai v. t.j. joseph air 1963 sc 156, 1, 1564 if the 2000 act is held to be inconsistent with the 1956 act, when passing the later act parliament impliedly amended the hindu adoptions and maintenance act, 1956, to permit adoption of children in the specified subclass, irrespective of whether a person has children of the same sex.23. special laws v ..... issue1. the petition before the court raises an issue of the interpretation of the hindu adoptions and maintenance act, 1956 and the juvenile justice (care and protection of children) act, 2000. the hindu adoptions and maintenance act, 1956 amends and codifies the law relating to adoptions and maintenance among hindus and specifies conditions for valid adoption. one of them is that if the adoption is of a daughter, the father or mother who wish to .....

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Mar 10 1992 (HC)

Basappa Vs. Siddagangamma

Court : Karnataka

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

..... 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 husband has any other wife living. it is relevant to note that the statutes which ..... could not be characterised as a wife for the purpose of entitlement to the maintenance under section 18 of the hindu adoptions and maintenance act, 1956. so, the findings of the courts that her petition rather the plaintiff's petition for maintenance under section 18 of the h.a. & m.act after coming into conclusion that her marriage with the first-defendant as being ..... 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) ..... of the provisions of section 11 of the hindu marriage act, 1955, which came into force on 18-5-1955 disentitling her claim for maintenance. both the courts have come to the conclusion that the plaintiff's suit for 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 .....

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Jun 30 2000 (HC)

Aher Mensi Ramsi Vs. Aherani Bai Mini Jetha

Court : Gujarat

Reported in : AIR2001Guj148; I(2001)DMC483; (2000)3GLR2429

..... way to seek the maintenance under section 18 of the hindu adoption and maintenance act, 1956. the grant and receipt of any amount of maintenance under the code of criminal procedure is no bar or impediment to the grant of adequate amount of maintenance under hindu adoption and maintenance act, 1956. provisions in the code of criminal procedure are general in nature, whereas the hindu adoption and maintenance act is special enactment and ..... the remedy under special law. relevant portions of section 488 of old cr. p.c./section 125 of the new cr. p.c. and section 18 of the hindu adoption and maintenance act, 1956 and reproduced as under :the criminal procedure code (old) : 488. (1) if any person having sufficient means neglects or refuses to maintain his wife or his legitimate or ..... cr. p.c. was amended, the provisions under section 488 were retained in the cr. p.c. by way of section 125, and at that time, the hindu adoption and maintenance act, 1956 was already there. thus, itis clear that the remedies under both these laws are available to the wife and these remedies are coexistent, mutually complementary, supplementary and in ..... is also admitted case of the appellant that he had one other wife living. on such grounds, the respondent was certainly entitled to claim maintenance under section 18 of the hindu adoption and maintenance act, 1956. even otherwise, the order of maintenance of rs. 15/- per month which was later on revised to rs. 45/- per month under the provisions of the cr. p .....

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Sep 22 1970 (HC)

Housabai and ors. Vs. Jijabai Baba Powar and ors.

Court : Mumbai

Reported in : AIR1972Bom98; (1971)73BOMLR667; ILR1972Bom80

..... on of 1942 and another of 1948 and certain oral evidence. these instances may not be sufficiently ancient to establish a custom. but what section 10(iv) of the hindu adoptions and maintenance act, 1956, talks of is not only custom, but also usage. the instances and the evidence would be sufficient to establish a usage. however, this sufficiency of evidence for establishing ..... until they were set aside at the instance of a proper person. proviso (c) to section 12 of the hindu adoptions and maintenance act, 1956 provides that the adopted child shall not divest any person of any estate which vested in him before the adoption. an adopted son was therefore not the proper person at whose instance the sales could be avoided.9. this contention of ..... life interest of goja and nothing more. there was, therefore, no question of divesting under proviso(c) to section 12 of the hindu adoptions and maintenance act, 1956. the reversionary interest did not vest in the appellants and on his adoption the plaintiff became entitled to it and after the death of goja when the life interest ceased, the plaintiff became entitled to claim ..... males over the age 15 years is expressly saved by section 10(iv). the position with regard to the adoption of females may be different as there was no rule of hindu law permitting adoptions of females prior to the hindu adoptions and maintenance act, 1956. this contention of mr.shrikhande must therefore be rejected.8. the last contention taken on behalf of the appellants .....

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Jan 18 2008 (HC)

Venubai Wd/O Wasudeo Rambhad (Since Dead Through Lrs. Bablu S/O Wasude ...

Court : Mumbai

Reported in : AIR2008Bom130; 2008(2)ALLMR550; 2008(3)BomCR154; 2008(3)MhLj195

..... controversy before me. in any case, in present matter, the husband of venubai by name wasudeo has expired on 7.8.1976 i.e. well after coming into force the hindu adoptions and maintenance act, 1956.9. the reliance by shri deopujari, learned counsel for the appellants on judgment of hon.ble punjab & haryana high court balbir kaur v. harinder kaur, (supra) to show that ..... ancestral property and also the self acquired property of her father-in-law inherited by his heirs. he further states that the view taken is before coming into force of hindu adoptions and maintenance act, 1956 and there is no judgment of bombay high court thereafter in the field. he fairly points out that the learned single judge of delhi high court in the case ..... , existence of coparcenary property in hands of father-in-law is not at all essential and obligation flowing from section 19(1) is independent of section 19(2) of the hindu adoptions and maintenance act, 1956. he points out the judgment in the case of t.a. lakshmi narasamba v. t. sundaramma reported at : air1981ap88 , (a full bench judgment) to support his stance that even ..... rent control order, 1949, while ground no. 11 is on an obligation of father-inlaw to maintain the widow of his pre-deceased son in view of section 19 of hindu adoption and maintenance act, 1956.3. during arguments, shri deopujari, learned counsel for the appellants fairly conceded that the widow being gratuitous licensee, ground no. 12 is not being pressed by him. the facts .....

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Feb 08 1980 (HC)

Hirabai and anr. Vs. Babu Manika Ingale

Court : Mumbai

Reported in : AIR1980Bom315; 1980MhLJ494

..... the interest in property are questioned in this appeal. it is mainly contended that even assuming that there was, in fact, an adoption, it being an adoption of the year 1962, that is after the coming into force of the hindu adoptions and maintenance act, 1956 (hereinafter called 'the adoption act'), the adopted son gets no interest in the property, for the widow hirabai under section 14(1) of the ..... hindu succession act, 1956 (hereinafter called 'the succession act') became the full owner of the property in her hands as on june 17, 1956. for the purpose of surrender, it is submitted that ..... aspect of the matter as the present case relates to a pre-statutory adoption. even section 12 of the hindu adoptions and maintenance act, 1956, makes it plain that an adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption',it is obvious that with reference to section 12 of the .....

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Jan 20 1983 (HC)

Anirudh Jageorao Vs. Babarao Irbaji and ors.

Court : Mumbai

Reported in : AIR1983Bom391; 1983(85)ARBLR304(Bom); 1983MhLJ379

..... for decision fell for decision in that appeal, namely: (1) whether in view of the provisions of sections 4 and 10(iv) read with s. 3(a) of the hindu adoptions and maintenance act, 1956, it was open to the first defendant to prove that there was a custom or usage applicable to the parties which permitted persons who were over the age of fifteen ..... the parties. referring to this evidence nain, j. observed (pare 99):'. ... ... these instances may not be sufficiently ancient to establish a custom. but what section 10(iv) of the hindu adoptions and maintenance act, 1956, talks of is not only custom, but also usage. the instances and the evidence would be sufficient to establish a usage. however, this sufficiency of evidence for establishing a custom ..... males over the age of 15 years us expressly saved by s. 10(iv). the position with regard to the adoption of females may be different as there was no rule of hindu law permitting adoptions of females prior to the hindu adoptions and maintenance act, 1956.' (the emphasis has been supplied by us).7. for the first time, a discordant note about the interpretation of clause (a ..... as follows:---'whether the word 'custom' or 'usage' occurring in section 10(iii) and section 10(iv) of the hindu adoptions and maintenance act, 1956, read along with section 3(a) of the said act includes within its sweep the rules of the bombay school of hindu law (mayukha) or interpretation of the text thereof by the courts.'3. the facts which have given rise to this .....

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