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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: delhi Page 1 of about 303 results (0.114 seconds)

Jan 16 2009 (HC)

Radhika Narang and ors. Vs. Kuldeep Narang and anr.

Court : Delhi

Reported in : 156(2009)DLT637

..... on behalf of the minor children. in this context, he referred to the cause title of the suit itself which stated 'suit for maintenance and separate residence under section 9 civil procedure code read with section 18 and 20 of the hindu adoption and maintenance act, 1956 and for permanent and mandatory injunction.'4. mr. narula submitted that the minor children acquire an independent right of ownership by birth in ..... the property belonging to the husband and hence all its members are also liable to maintain the plaintiff.15. it is also well settled that when a coparceners wife has a right of maintenance it can be made the subject matter of a charge on the property of the coparcenary by a decree of the court. mr. naik, submitted that the right of ..... wives and their children. (see manusmriti chapter 9, section 108; naradasmriti chapter 13, sections 26,27, 28 and 33, mulla's hindu law, 13th edition 1974 para 543 page 591).14. obligation to maintain these persons arises from the fact that the manager is in possession of the family property (see kamlamal v. venkatlaxmi). the hindu adoptions and maintenance act has no doubt provided for the personal liability .....

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Apr 04 2018 (HC)

Paramjit Anand vs.mohan Lal Anand (Since Deceased) Through Lrs & Ors.

Court : Delhi

..... her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956. she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchasers for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... s case (supra) had a pre-existing right to maintenance under the hindu adoptions and maintenance act when the property was given to her for maintenance. i would like to note that the provision of hindu adoptions and maintenance act which is not stated in para 29 is the provision of section 18 of the hindu adoptions and maintenance act which gives right to the wife for maintenance from the property of her husband. second line of ..... those who take the estate. it is seen that neither section 18 relating to a wife nor section 21 dealing with a widow, provides for any charge for the maintenance on the property of the husband. to the contrary, section 27 specifies that a dependant's claim for maintenance under that act, shall not be a charge on the estate of the deceased unless one would have been created .....

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Feb 21 2014 (HC)

Prem Chand Vs. Ram Nath Deceased Through Lrs.

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... the colour of pre-existing restrictive estate possession by a hindu female, the operation of subsection (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play. if the acquisition .....

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Aug 03 2016 (HC)

Reena Jain and Another Vs. Rajiv Kumar Saxena

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... 1) of section 14, sub-section (2) does not come into play. if the acquisition is for the first time, without any vestige of ..... a restrictive estate, which received the colour of pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right. 27. as held by this court, if the acquisition of the property attracts subsection ( .....

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Jul 07 2014 (HC)

Smt. Darshan Vs. Shri Raj Kumar and Others

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play ..... herein (petitioner in trial court or other sons who support the will) inasmuch as sh. raj kumar/petitioner/respondent no.1 in his cross-examination dated 27.10.1999 admitted that he had never seen his father writing and reading and that he cannot recognize all the signatures of sh. amolak ram as he .....

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Jul 28 2000 (HC)

Ravi Singhal and Others Vs. Manali Singhal and Another

Court : Delhi

Reported in : II(2000)DMC732

..... the plaintiffs/respondents that the suit has not been laid for claiming maintenance under the provisions of hindu adoptions and maintenance act, 1956. as such there is no question of applicability of section 23(1) of the hindu adoption and maintenance act. on a plain reading of the plaint, it can be seen that it is not a suit for maintenance but a pure and simple suit seeking enforcement of the settlement ..... plaintiff. it is also well settled that when a coparcener's wife has a right of maintenance it can be made the subject matter of a charge on the property of the coparcenery by a decree of the court.' 26. full bench of andhra pradesh in ganta kondamma vs . ganta seethamma : air1973ap319 held that the hindu adoptions and maintenance act has undoubtedly brought about some material and ..... is inconsistent with the provisions of the act. 27. similar view was taken by a division bench of rajasthan high court in dhanraj jain vs . smt. suraj bai that the hindu adoptions and maintenance act codifies and amends the law of adoption and introduced radical changes in the prior law. section 4 of the act gives overriding effect to the provisions of the act. however, a codifying statute does not .....

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May 23 2001 (HC)

Smt. Meenu Chopra Vs. Shri Deepak Chopra

Court : Delhi

Reported in : AIR2002Delhi131; II(2001)DMC264; 2001(59)DRJ761

..... by your client to demand rs.20,000 per month w.e.f. january 1998. i wish to draw your attention to the provisions of section 23 of the hindu adoption and =maintenance act, 1956 which states that the amount of maintenance is dependent on the status of parties and the reasonable wants of the claimant. as far status goes i have already spelled out above what ..... averments made by the plaintiff about the income of the defendant and fix interim maintenance at the rate of rs. 20,000/- per month. the defendant is directed to pay this maintenance at the aforesaid rate w.e.f. february, 2001 when the present application was filed. arrears of maintenance i.e. up to may, 2001 be paid within two months. the defendant shall ..... controverting these allegations. it would be significant to note at this stage that plaintiff had, before filing this petition, sent legal notice dated june 20, 2000 demanding maintenance from the defendant. in that notice plaintiff had demanded ..... of the code of civil procedure for grant of interim maintenance. it is specifically averred in the petition that the defendant, husband of the plaintiff, is earning not less than rs. 2.00 lacs per month. particulars of the employment of the defendant are given in para-27 of the petition. since defendant has chosen to remain absent, no reply is filed .....

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Nov 30 2016 (HC)

Mrs. Archana Aggarwal vs.suresh Jindal

Court : Delhi

..... court also notes the contrary/different pleas which have been taken by the respondent. in her petition under section 18 of the hindu adoption and maintenance act (ex.pw-1/2), her submission is that immediately after the phera when she had gone to her matrimonial home, her mother-in-law and other in-laws tortured her for ..... to establish that the petitioner has failed to prove his case is negatived. 35 this court has been informed that the petitioner is drawing maintenance under section 18 of the hindu adoption and maintenance act and a sum of rs.10,000/- is being paid to the petitioner and rs.7,500/- as school expenses of the child ..... the petitioner is nothing short of an allegation; it amounts to a character assassination of the petitioner. mat appeal no.18/2009 page 18 of 25 27 the respondent did not prove her case by leading any evidence. the averment of pw-1 always was that he treated his bhabhi nirmala as his ..... has not been correctly appreciated. the appellant has placed reliance on a judgment in vishnu dutt sharma vs. manju sharma delivered by the apex court on 27.02.2009. submission being that the apex court had noted the legal position which was to the effect that an irretrievable break down of marriage is ..... court. 3 the parties had been married according to hindu rites and ceremonies mat appeal no.18/2009 page 1 of 25 on 20.06.1995 at delhi. their marriage was consummated. one male child namely ashutosh was born out of their wedlock on 27.6.1996. the contention of the husband was .....

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Sep 04 1998 (HC)

Sushmita Ghosh Vs. G.C. Ghosh

Court : Delhi

Reported in : 1998VIAD(Delhi)91; 4(1998)CLT313; 75(1998)DLT420; 1999(48)DRJ161

..... . in view of clear position of law and according to section 18 of the hindu adoption and maintenance act, 1956, a hindu wife is entitled to maintenance etc. the said section is set out as under:'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 ..... expenses : rs. 2,000 per month domestic help : rs. 1,800 per month conveyance : rs. 1,000 per month telephone : rs. 350 per month electricity : rs. 400 per month water charges : rs. 50 per month house hold furnishing : rs. 100 per month miscellaneous & other out of pocket expenses : rs. 1,800 per month ----------- total : rs. 12,000 per month -----------22 ..... islam.14. it is also mentioned in the written statement that the defendant offered the plaintiff to embrace islam religion but when the plaintiff refused to do so, the defendant married another woman and started living with her. on 27.5.1993 a son was born out of the new wedlock. it is mentioned that all belongings of the defendant .....

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Mar 16 2001 (HC)

Ms. Kanchan B.R. Vs. Mr. Akash Alias Yusuf Hussain

Court : Delhi

Reported in : 2001IIIAD(Delhi)726; AIR2001Delhi318; 90(2001)DLT681; I(2001)DMC574; 2001(58)DRJ256

..... take place, since the plaintiff has filed photographs of the event with her plaint. predicated on this version of their marriage. the plaintiff has invoked section 18 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as 'h.a.& m. act'), and has prayed for the allocation of property ma-1/4 - 3a, garden estate, gurgaon, (hereinafter referred to for convenience as 'the matrimonial home ..... she eats. if the husband fails to provide it, expenses for it would be kept in mind when maintenance is guantified. thereafter section 18 of h.s.& m. act clarifies that the right would not be forfeited and that the quantification of maintenance under section 3 read along with section 23 would not be jeopardised even if the wife is living separately. this is because she may ..... reverted to, it becomes evident that one of the concomitants of maintenance is the residence of the wife. it is now firmly entrenched in our jurisprudence that the wife's rights of residence ..... a charge is well and enduringly established.13. having arrived at the conclusion that it would not be proper for the court to allocate a separate residence to the wife, being property exclusively owned by the husband even prior to their marriage, the question that arises is whether the plaint is to be rejected. when section 3 of the h.a. & m. act is .....

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