Court : Mumbai
Reported in : 2000(2)BomCR244; II(2000)DMC292
..... (a) who is a hindu by religion in any of its forms; (b) to any person who is a buddhist, jaina or sikh by religion and (c) to ..... . before enacting the hindu adoptions and maintenance act, 1956 adoption was recognised amongst hindus as a custom. i need not dwell at length on that aspect as that is not an issue and discussion on the same is not required for the purpose of disposing of the issues arising herein. on the coming into force of the hindu adoptions & maintenance act, 1956 by virtue of section 2, the act is made applicable to any person ..... known as 'maharashtra adoption act, 1995'. the act was made applicable to every person adopting a child in the state irrespective of the persons's religion, caste and creed. the bill sought to displace the hindu adoption and maintenance act, 1956 in the state of maharashtra. section 27 of the bill, is a saving provision whereby on coming into force of the maharashtra adoption act the provisions of hindu adoption and maintenance act, 1956 will cease to have .....Tag this Judgment!
Court : Delhi
Reported in : 116(2005)DLT191; I(2005)DMC191; 2005(79)DRJ192
..... the ground of its being barred by `law'. for this purpose, mr. nanda, the learned counsel, appearing on behalf of the defendant/applicant has submitted that the section 1 & 2 of the hindu adoptions and maintenance act, 1956(in short the `hama') indicate that the act applies to whole of india and, thereforee, its operation cannot travel beyond india and apply to a cause of action which has arisen ..... with the provisions of rule 9.'hama'1. short title and extent.___(1) this act may be called the hindu adoptions and maintenance act, 1956.(2) it extends to the whole of india except the state of jammu and kashmir.2. application of act.__(1) this act applies__(a) to any person, who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat ..... , children or aged or infirm parents under this act, regard shall be had to__(a) the position and status of the parties ..... court to determining whether any, and if so what, maintenance shall be awarded under the provisions of this act, and in doing so, the court shall have due regard to the considerations set out in sub-section (2), or sub-section (3), as the case may be, so far as they are applicable.(2) in determining the amount of maintenance, if any, to be awarded to a wife .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1985SC945; (1985)87BOMLR435; 1985CriLJ875; 1985(1)Crimes975(SC); 1985(1)SCALE767; (1985)2SCC556; 3SCR844
..... chapter xxxvi of the code of 1898 which contained section 488, corresponding to section 125, 'intends to serve a social purpose'. in nanak chand v. shri chandra kishore agarwala : 1970crilj522 sikri, j., while pointing out that the scope of the hindu adoptions and maintenance act. 1956 and that of section 488 was different, said that section 488 was 'applicable to all persons belonging to all religions and has ..... protected by section 2 of the muslim personal law (shariat) application act, 1937-:in act which was not noticed by the aforesaid decisions. we, therefore, direct that the matter may be placed before the hon'ble chief justice for being heard by a larger bench consisting of more than three judges.5. section 125 of the crpc which deals with the right of maintenance reads ..... , has proceeded on the assumption that there is a conflict between the provisions of that section and those of the muslim personal law. the argument that by reason of section 2 of the shariat act, xxvi of 1937, the rule of decision in matters relating, inter alia, to maintenance 'shall be the muslim persona' law' also proceed upon a similar assumption. we embarked ..... think fit....explanation for the purposes of this chapter,-(a)....(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her not remarried.(2) ....(3) if any person so ordered fails without sufficient cause to comply with the order, any such magistrate may, for every breach of the older, issue a warrant for .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1975AP3
..... wife and therefore in any event, the petition for restitution has to be dismissed even though the wife may not be entitled to claim separate maintenance. it was submitted that under section 9(1) of the hindu marriage act, the husband is entitled to ask for restitution of conjugal rights when the wife has withdrawn from his society without reasonable excuse. even circumstances falling ..... the son was not entered in the records. it is therefore prayed that the lower court may be directed to record the evidence of inkollu ramabrahman and adusumilli kameswari. this application is opposed by the appellants. 11. we do not think a case is made out for taking additional evidence in this case and for examining inkollu ramabrahmam and adusumilli kameswari ..... that in order to prove the second marriage hand over summons was taken to inkollu ramabrahman. the brother of late venkatappiah, the father of the second wife who had been adopted to inkollu family and who had performed the 'kanya-danam', as the father was not alive to adusumillu kamalamma. wife of late venkatappaiah and to r. w ..... sole appellant in the c. m. a. for a declaration that the marriage between him and the respondent was a nullity or in the alternative for restitution of conjugal rights. 2. the parties will be referred to as the husband and wife as has been done in the court below. 3. the wife filed the suit formaintenance with the following allegations .....Tag this Judgment!
Court : Gujarat
Reported in : (1992)2GLR1317
..... to minor gaurangkumar on the ground that the adoptive parents were foreign nationals. he submitted that, a hindu foreigner, if he comes to india, can validly adopt a child under the provisions of hindu adoptions and maintenance act, 1956. he submitted that the applicability of the hindu adoptions and maintenance act, 1956, was not restricted to persons domiciled in india and as provided under section 2(1), the said act would apply to any person who was ..... a hindu by religion as indicated in that provision. he ..... elsewhere in the world. the laws enacted by the parliament are primarily intended for the indians and therefore the hindus as denned in section 2 of the hindu adoptions and maintenance act, 1956 and other similar provisions under the codified personal laws applicable to hindu would mean the indian hindus and would not include the foreigner hindus who are not domiciled in india and had no moorings in india .....Tag this Judgment!
Court : Rajasthan
Reported in : 1992(1)WLN130
..... reply to this application was filed by the defendant mahendra and it was admitted that she was married to pusha ram; her right in the property was, also, admitted ..... that the applicant may be awarded maintenance. it was, also, mentioned in the application that earlier, also, an application under section 125 cr.p.c. was moved, but the same was dismissed by the learned judge of the family court on june 18, 1989, without properly deciding the controversy. reliance was placed on the explanation given in section 2(3) to the word 'parents' in hindu adoption and maintenance act, 1956. a ..... court has not committed any illegality in dismissing the application under section 125 cr. p.c. filed by the petitioner-appellant on the same grounds.5. it may, however, be mentioned that the appellant, if she so likes, may approach the judge, family court for the grant of maintenance under section 20(3) of the hindu adoption and maintenance act, 1956, for which she is entitled and she persue .....Tag this Judgment!
Court : Allahabad
Reported in : AIR2007All105; 2007(2)AWC1713
..... present case.7. in the present case, an application under order xxii of the c.p.c. has been dismissed on the ground that the adoption deed was not executed in accordance with the hindu adoptions and maintenance act, 1956. the adjudication made by the trial court, in my opinion, does not amount to a decree as contemplated under section 2(2) of the c.p.c. nor does it ..... court had rejected the application on the ground that the adoption deed executed in favour of the applicant was not validly executed under the hindu adoptions and maintenance act, 1956. in my view, the lower appellate court had no jurisdiction to go into the validity and legality of the adoption deed which was executed and registered under the hindu adoption and maintenance act, in view of the provision of section 16 of the said ..... act which reads as under:16 .....Tag this Judgment!
Court : Delhi
Reported in : AIR1983Delhi351; 23(1983)DLT434; ILR1984Delhi201
..... need not be hindus.27. the fact that the application of the act is to a person who is a hindu by religion in any of its forms or developments as set out in section 2 and this provision is identical with the provisions contained in the hindu succession act, 1956, the hindu adoptions and maintenance act, 1956 and the hindu minority and guardianship act, 1956 cannot be held to lead to the irresistible conclusion that ..... the parties must be hindus at the time of the presentation of the petition also or at least the petitioning party must be a hindu, as urged by ..... expenses. the maintenance was duly paid till the disposal of the petition under section 13 of the act.7. on 16th march, 1982, the district judge directed that the written statement be filed by 8th april, 1982. however, instead of filing the written statement on 8th april, 1982, sunila moved an application, on that date, under section 2 of the act. in the said application she prayed that .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... certificate produced before the high court at the time of making application for the post 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 ..... a.p. scheduled castes, scheduled tribes and backward classes -issue of community, nativity and date of birth certificates rules, 1997. the competent authority shall issue community certificate on receipt of applications. section 4 of the act provides for issue of certificates by the competent authority. rule 5 of the rules provides for elaborate enquiry/ verification before an integrated community certificate is issued under ..... 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 officer under section 35, but was not moved, the high court would be justified in dismissing as .....Tag this Judgment!
Court : Mumbai
Reported in : (1987)89BOMLR647; (1987)66CTR(Bom)129; 170ITR406(Bom)
..... the applicant in favour of his son was a transfer for ..... of the case, the claim of the applicant that the settlement dated march 30, 1960, executed by the applicant in favour of his minor son, bharat, in discharge of his legal obligation under section 20 of the hindu adoptions and maintenance act, 1956, to maintain his son was not a gift under section 2(xii) of the gift-tax act, 1958, was rightly rejected ? (2) whether, on the facts and in the ..... circumstances of the case, the claim of the applicant that the settlement executed by .....Tag this Judgment!