Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... of district judge was withheld from the civil court. it was done so presumably because 'sts are not considered as hindus'. (see section 2 of hindu marriage act, 1955, section 2 of hindu adoption and maintenance act, 1956, section 2 of hindu succession act, 1956, and section 3 of hindu minority and guardianship act, 1956).84. the family of first respondent till the coming into force of the constitution of india and till 1979 never claimed any status as ..... court entertained his petition. hirday narain could have moved the commissioner in revision because at the date on which the petition was moved the period prescribed by section 33-a of the act had not expired. we are unable to hold that because a revision application could have been moved for an order correcting the order of the income tax ..... negligence or gross negligence of the next friend it would be permissible for a minor to avoid the judgment or decree passed in the earlier proceeding by invoking section 44 of the evidence act without taking resort to a separate suitfor selling aside the decree or judgment, 74. we may now summarize the principles of law in relation to fraud and ..... provision cannot be allowed to be defeated by adoption of any subterfuge, and that would be 'clearly a fraud on the constitutional provision'.61. in pankaj bhargava's case (supra), the permission of the rent controller under section 21 of the delhi rent control act; which enables the landlord to let out the premises to a tenant, was held by the high .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1981Bom109
..... deshpande, j,6.* mr. sail relies on clause (c) of the proviso to section 12 of the hindu adoptions and maintenance act, 1956 (hereinafter referred to as 'the act'), in support of his second contention that ananda's adoption, cannot have the effect of divesting dhondi, of the property held by him since 1929, it is necessary first to ascertain what precisely was vested in dhondi in ..... survivorship from having retrospective effect while second part prevents rule of inheritance from having such retrospective effect. ananda's claim on adoption to the interest in the ..... also could have operated to produce the opposite result. clauses (b) and (c) of the proviso thus form integral part of the second part of the section which is aimed at preventing the adoption ties from having any retrospective effect on the properties vested. reference to clause (a) is not relevant in the present context, but nature of the prohibitions ..... against marriage sought to be preserved thereunder also shows, how the entire proviso and the second part of the section is intended to prevent retrospective effect of the adoption ties.17. though the section 2 does not expressly refer to the two different rules of devolution, the text makes it clear that first part prevents the rule of .....Tag this Judgment!
Court : Chennai
Reported in : AIR1970Mad249; 73ITR360(Mad)
..... of the acts, provides as follows:--"explanation -- the following persons are hindus ............(a) ... ... ... ...(b) any child, legitimate or illegitimate, one of ..... rights of succession though not under the orthodox hindu law or under the hindu succession act to the estate of his father, cannot be terminologically called as a member of the family of his father.8. this discussion apart, explanation (b) to section 2 of the hindu succession act, 1956, the hindu marriage act, 11955, the hindu adoptions and maintenance act, 1956 and the hindu minority and guardianship act, 1956, whose language is in pari materia in each ..... sundaram, in this case, satisfies the usual norma prescribed to enable one to claim maintenance from ms father, (1) existence of a particular relationship, and (2) possession of property. even viewing the status of nicolas sundaram from the point of view of a maintenance holder, section 20 of the hindu adoptions and maintenance act, 1956, is certainly to his benefit and advantage. we have no hesitation in holding that .....Tag this Judgment!
Court : Chennai
Reported in : AIR1974Mad232
..... no obligation on his part to maintain his illegitimate son by a hindu concubine. by virtue of clause (b) in the explanation in section 2(1) of the hindu adoptions and maintenance act, 1956, the respondent is and has to be considered as a hindu because one of his parents, in his case his mother is a hindu. the act is therefore applicable to the respondent minor. it is equally clear ..... that it does not apply to the appellant who is a mohamedan. but sub-sec. (3) of section 2 is to the ..... effect that the expression 'hindu' in .....Tag this Judgment!
Court : Delhi
Reported in : AIR1969Delhi235; 1969CriLJ965
..... now remains to consider the last contention of the learned counsel for the respondent. the contention is based on section 20 of the hindu adoptions and maintenance act, 1956 which came into force on 21st december, 1956. the section reads:--'(1) subject to the provisions of this section a hindu is bound during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her ..... progeny without reference to age, because had that been the intention, the words 'son' or 'daughter' might have been easily used.15. it la lastly urged that section 3(a) of the hindu adoptions and maintenance act, 1956 defines the word 'maintenance' while the word 'minor' is defined in section 3(b) of the act as a person who has nto completed his or her age of eighteen years ..... aged or infirm parents. (2) a legitimate or illegitimate child may claim maintenance from his or her father or mother so long .....Tag this Judgment!
Court : Jharkhand
Reported in : [2004(3)JCR561(Jhr)]
..... been argued by the learned counsel for the appellant that in fact the questions to be answered are whether section 2 of the hindu adoption and maintenance act bars adoption by schedule tribes and whether the hindu succession act 1956 is applicable to the plaintiff who is a munda (a schedule tribe)?2. the question aforesaid arose out of the following short facts:--the plaintiff paku mundan (who was subsequently substituted ..... in my view such hinduised tribal do fall within section 2(1)(c) of the act and may be treated as hindu because there is no proving on the record that such tribals could not have been governed by the hindu law. nothing has been shown that the custom bars the munda from adopting any form of hindu religion.14. thus ones they are sufficiently hinduised prior ..... ghuran munda and his daughter paku mundain had been sufficiently hinduised so as to attract the provisions of the hindu succession act, 1956 ?2. is ramnath munda defendant no. 1 the agnatic relation of the recorded tenant ghuran munda and if so whether he had been adopted by ghuran as his son in the year 1950 as claimed by him ?7. the first appellate court .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC4319; 2003(51)BLJR2393; 97(2004)CLT174(SC); 2003(4)CTC114; [2003(4)JCR124(SC)]; 2003(7)SCALE516; (2003)10SCC653
..... , it may be relevant to state that as goverdhan das was given in adoption much before the coming into force of hindu adoptions and maintenance act, 1956, the parties will be governed by the law which was in force at the time of adoption. according to paragraph 474 of mulla's hindu law, 18th edition, 'the only person who can lawfully give a boy in ..... , i.e., nitya dwyamushyayana, and (2) incomplete, i.e. anitya dwyamushyayana. the absolute ..... with his acquired relation to his adoptive parents when there is a mutual agreement between the natural father and the adoptive father that the adopted son shall be the son of both. the son so adopted is technically called 'dwyamushyayana'. see dattaka chandrika, section 2, pl. 24 and 40, and vyavahara mayukha, chapter iv, section 5, pl. 21 (stokes' hindu law, pages 65, 641 and ..... 646).12. the dwyamushyayana adopted son is of two kinds, (1) absolute .....Tag this Judgment!
Court : Kerala
Reported in : 2009ACJ2272
..... the status, activities, expressed opinions...18. regarding adoption, prior to the hindu adoptions and maintenance act, 1956 only legitimate sons could be adopted but an illegitimate son could not be adopted. the act now imposes no such restriction. section 2(1), explanation speaks of 'any child legitimate or illegitimate'.19. in hindu minority and guardianship act, 1956, the distinction is maintained under section 6 (a) and (b). various provisions are ..... . children born out of wedlock are always considered as illegitimate. it is relevant to refer to some of the provisions in the divorce act, 1869 and the hindu marriage act, 1955. section 21 of divorce act reads as follows:21. children of annulled marriage.- where a marriage is annulled on the ground that a former husband or wife was living ..... parents or allowing the parents to succeed to the property of their illegitimate children. the object of section 16 of the hindu marriage act and section 21 of the divorce act was to protect children born of void or voidable marriages. a limited section of children alone are protected under the said statutes. we are of the strong view that all ..... begotten in all marriages subsequently declared null and void.12. section 12 of the hindu marriage act enumerates the grounds to annul a marriage by a decree of nullity. section 16 of the hindu marriage act deals with legitimacy of children of void and voidable marriage.13. section 16 of the act confers status on a limited class of children as legitimate .....Tag this Judgment!
Court : Patna
..... they are included as scheduled tribes under the constitution of india and according to him, even if hindu law was applicable to them of being sufficiently hinduised then also hindu succession act of 1956 would not be applicable to the parties as per section 2(2) of the hindu succession act of 1956. his submission is that santhals being scheduled tribes within the meaning of clause 25 of article ..... both in their customs and the religious purposes and they are in fact now the hindus and as such the expression of hindu would be applicable to them notwithstanding regarding applicability of hindu succession act, 1956. he has referred to section 2(3) of the act itself. his further submission is that, since last several decades from the days of abdul settlement in the year 1926-27 ..... abdul settlement was in operation then the females had the limited interest in the ancestral property, if not self acquired. then at that time, they had the right of maintenance from the property only and to that extent a limited interest in the ancestral property but their names for such limited interest never being recognised by the revenue authorities to ..... that even if the parties and witness regard themselves as being santhals by caste, they cannot be debarred from giving evidence that they have become hindus by lapse of time.adoption of hinduism does not require any conversion or other ceremonies. it depends upon how their culture is being changed towards the hinduism. in the chotanagpur area, most of the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1965P& H238
..... property which has been inherited form a common ancestor. in our opinion the expression 'co-parcenary property' contained in section 19 sub-section (2) of the hindu adoptions and maintenance act 1956 is included to mean property a joint owner during his life time. it may be remembered that in hindu law the term 'joint parcenary property'. the term 'co-parcenary property 'as that term is understood it would ..... be re-framed as under:' what is the meaning of the term 'co-parcenary property' occurring in section 19(2) of the hindu adoptions and maintenance act, 1956.' this reference has arisen in the following circumstances:(2) smt. gurdip kaur filed a suit against her father-in-law, ghumand singh, for maintenance at the rate of rs 100/- per mensem admittedly she is the widow of a pre-deceased ..... effectuate the legislative intent and advance the purpose of the hindu adoptions and maintenance act, of 1956.' while making the above observations the leaned judges .....Tag this Judgment!