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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 10 of about 303 results (0.145 seconds)

Feb 05 2013 (HC)

Mr. Barun Kumar Nahar Vs. Parul Nahar and anr.

Court : Delhi

..... of her husbands parents without their wishes and caprice. law permits a married woman to claim maintenance against her in-laws only in a situation covered under section 19 of the hindu adoption and maintenance act, 1956. i.e. after the death of the husband and that too when she is unable to maintain herself out of her own earnings etc. it would not be ..... woman in india, be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 or the code criminal procedure, 1973 maintenance including residence for confer any right of the married woman as against the parents of the husband. to illustrate, sections 24 and 25 of the hindu marriage act, 1955 provides for the wifes right ..... family of which the husband is a member within the meaning of section 2(s) of the said act. section 18 of the hindu adoption and maintenance act, 1956 enumerates the right of a hindu wife to be maintained by her husband during her life time. section 125 of the criminal procedure code, 1973 provides for monthly maintenance to wife, irrespective of her religion, if she has no source ..... has her rights of maintenance against her husband or sons/daughters. she can assert her rights, if any, against the property of her husband, but she cannot thrust herself against the parents of her husband, nor can claim a right to live in the house of parents of her husband, against their consult and wishes.27. in yet another .....

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Jun 09 2014 (HC)

Amina Bharatram Vs. Sumant Bharatram and ors.

Court : Delhi

..... .surbhi sharma, adv. coram: hon'ble mr.justice manmohan singh manmohan singh, j.1. the plaintiff, mrs.amina bharatram has filed the suit for maintenance and separate residence under sections 18, 20 & 23 of the hindu adoption & maintenance act, 1956 as well as for permanent and mandatory injunction and declaration, against the four defendants.2. defendant no.1, mr.sumant bharatram is the husband of the ..... terminologically, in the ordinary and primary sense which it bears in its context, without omission or addition. of course, parliament is to be credited with good sense; so that when such an approach produce injustice, absurdity, contradiction or stultification or statutory objective the language may be modified sufficiently to avoid such disadvantage, though no further."yet again in rishab chand ..... notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act."27. letters patent would be included in expression any law for the time being in force, and would certainly be covered the expression "instrument". the overriding effect given to ..... of the fc act, and all other powers enabling him in this regard, the lieutenant governor of the nct of delhi has appointed the judicial officers for the post of judges of family courts at district court, saket, delhi, from the date they assume charge of their offices.11. one set of decisions passed in various courts is that the .....

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May 28 2015 (HC)

Suman Kundra Vs. Sanjeev Kundra

Court : Delhi

..... premise that this was a case which had come up before the high court of gauhati when a petition under article 227 of the constitution of india was filed challenging an interlocutory order passed under section 25 of the hindu marriage act, 1955 and section 20 (3) of the hindu adoptions and maintenance act, 1956 by the learned district judge, shillong directing the revision-petitioner to pay a sum of ..... a ground for filing a petition for grant of divorce under the hindu marriage act was also a ground for divorce under the special marriage act under section 27 (1) (d). it was also taken note that section 36 of the special marriage act provides interim maintenance and a similar provision for ad interim maintenance is made under section 38 for the minor child. the high court observed that the ..... any witness who has been examined and may subject to the law of evidence for the time being in force put such questions to him as the court thinks fit."27. in the aforesaid case, although the application for recalling and examination of a witness was filed but wrong provision of law was mentioned. the supreme court although impressed upon correct .....

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Feb 28 1989 (TRI)

Rajender Kumar Goyal Vs. Gift-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1990)32ITD489(Delhi)

..... ) of the act. according to the learned counsel money was given to the daughter to meet her marriage expenses and that it was the assessee's social and legal obligation to incur ..... taxable gift made under section 2(xii) of the gift-tax act, 1958.mention was also made of section 5(l)(vii) of the act in respect of the gift made for support and maintenance or on the occasion of the marriage of the relative. mention by the learned counsel was also made of section 20 of the hindu adoptions and maintenance act, 1956 and so also of section 3(b)(ii ..... consideration was not absent as the transfer was with consideration, the present transfer cannot be termed as gift under section 2(xii) of the act. in fact the transfer was for the maintenance which was the assessee's obligation in terms of the hindu adoption and maintenance act. in the light of the above discussion we are convinced that gift-tax was not leviable as the amount ..... provisions it is seen to be the assessee's social and legal obligation to support and maintain his children. section 20 of the hindu adoption and maintenance act appears to be clear on the point wherein it is contained that "subject to the provision of this section hindu is bound, during his or her lifetime to maintain his or her legitimate or illegitimate children and his or .....

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May 08 1995 (HC)

Jaideep Singh Sandhu Vs. Union of India and ors.

Court : Delhi

Reported in : 1995IIIAD(Delhi)1137; 1995(34)DRJ307

..... the legislature that the wife and dependants are to remain without any financial assistance. after all the right of maintenance is prescribed by the hindu adoptions and maintenance act,1956 or the hindu marriage act,1955 and that right can be exercised by invoking the authorities under section 90 of the act also, in addition to resorting to a civil or revenue court or a revenue officer. that, in our ..... justification for the restriction so imposed by the latter part of note 22 on the powers under section 90(i). while it may he true, as stated in the earlier part of note 22 that when a decree/order is passed by a competent court for maintenance of the wife and children, the said court can because it cannot attach the salary of ..... together with a copy of the petition of the petitioner's wife dated 8.7.92. the notice asked the petitioner to show cause why 27.50% of his pay and allowances should not be deducted towards maintenance of his wife and child. petitioner sent an elaborate reply dated 3.10.92 also stating that the wife has other independent income and ..... at the stage no decree/order is passed. the power to deduct can he exercised not only when there is a decree/order but it can also be exercised when there is no such decree/order. this is clearly because of the legislative policy behind section 90. as stated above, it is not difficult to imagine that in several cases the wife and .....

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Jan 15 2013 (HC)

Ravi Singhal and ors. Vs. Manali Singhal and anr.

Court : Delhi

..... the defendant no.1 that assuming though not admitting that the defendant no.1 is legally liable to pay for the maintenance of the plaintiffs, the same can only be fixed by the court under section 18 read with section 23 of the hindu adoption & maintenance act, 1956 and any private agreement between the parties would be opposed to public policy and not enforceable. . para no.14- without ..... that the alleged agreement dated 4.11.1994 may be cancelled/altered keeping in view the provisions of section 25 of the hindu adoption and maintenance act and the quantum of maintenance, including interim maintenance, if any, may be fixed keeping in view the provisions of section 23 of the said act. .. for the relief of production and cancellation of the memorandum of settlement dated 4.11.1994, the ..... a co-parcener in an huf, would bind the husband and if any money is payable to the wife under the agreement, the same can always be treated as a charge with respect to the husbands share in the joint family property belonging to the huf.18. for the same reasons on which we have agreed with the learned single judge ..... found to be the result of an undue influence.22. one more fact needs to be noted before we bring the curtains down. the negotiations had broken down when issues were settled on february 27, 2006 and we see no reason why, if the proposed amendments were sought bona fide, the application seeking amendment was not argued before issues were settled.23 .....

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Feb 06 2013 (HC)

Manmohan Kohli Vs. Natasha Kohli

Court : Delhi

..... to be read in conjunction with one another and interpreted accordingly. we can, therefore, go to the hindu adoptions and maintenance act, 1956 (for short the maintenance act) to understand the meaning of maintenance. in clause (b) of section 3 of this act maintenance includes (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter also ..... the matrimonial home with the minor child. it is also not in dispute that the petitioner is incurring some expenditure towards running of the household such as water and electricity charges, kitchen expenses, salary of domestic staff and has also provided a car with a chauffeur for the comfort of the minor child. though the quantum on such expenses ..... certain additional expenses on the soccer camps, football training, skiing and other such expenses which the respondent has been incurring and which have not been mentioned in the expenses charged which has been placed on record. counsel for the respondent submits that the parties and the minor child are accustomed to a luxurious life style an idea about the status ..... were residing together; (xix) amount spent on fees and other expenses incurred; (xx) amount spend on extra-curricular activities of children when parties were residing together; (xxi) capacity to repay loan.27. these are some of the factors, which may be considered by any court in guesstimating or to get a rough idea of the income/life style of a .....

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Jan 14 2013 (HC)

Suman Kaushik Vs. N P Kaushik

Court : Delhi

..... years. when the child had to take admission in b.tech; the benefit of aforesaid policy was not available to her.13. it has also been brought to the notice of this court that suit no. 170/95 was also filed by petitioner/wife against the respondent seeking maintenance for the child under section 20 of the hindu adoption and maintenance act, 1956. now ..... xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 7. when the interim maintenance was already enhanced vide order dated 27.11.2001 and there were also order for the purchase of insurance policy for the child, the question of further enhancing the ..... rs. 3,000/- to rs. 5,000/per month and also for payment of litigation expenses. this court vide order dated 27.11.2001 enhanced the interim maintenance of the child from rs. 3,000/- to rs. 3,500/- per month w.e.f. april, 1997 to be shared equally by both the parties ..... shared equally by both the parties and on the challenge of the said order before this court the maintenance was enhanced from rs.3,000/- to rs. 3,500/- p.m. w.e.f. april, 1997 vide order dated 27.11.2001 in cr 210/2000. on 26.06.2002, this court in the aforesaid civil revision ..... date for a sum of rs.3 lakhs so as to assure the career of the child.6. as noted above, with the consent of parties, the interim maintenance was enhanced on 27.11.2001 by this court from ` 3,000/- to ` 3,500/- p.m. to be shared equally by both the parties. thereafter, this court vide .....

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Nov 25 2013 (HC)

Reetika Kaur Vs. Darshan Singh Combow and ors.

Court : Delhi

..... . during the course of hearing ms. meenakshi midha, learned counsel appearing on behalf of petitioner has argued that at the time of the alleged adoption, no ceremony of giving and taking had actually been performed as mandated under section 11 of the hindu adoptions & maintenance act, 1956 for a valid adoption and the petitioner remained in the custody of the respondent nos.3 and 4 even after the ..... adoption deed and since then, the petitioner is in the custody of the respondent nos.3 and 4. it is an admitted position that the custody ..... the respondent no.3 and 4 since then. the respondent nos.1 and 2 further admitted that when they returned to india at their residence at kalkaji on 20.03.2008, they refused the request of the petitioner to take her as their legally adopted daughter. the respondent nos.1 and 2 further stated that they have no objection if the relief ..... the respondent nos.3 and 4 since then. the respondent nos.1 and 2 further admitted that when they returned to india at their residence at kalkaji on 20th march, 2008, they refused the request of the petitioner to take her as their legally adopted daughter. the respondent nos.1 and 2, further stated that they have no objection if the relief .....

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Aug 07 2015 (HC)

Ekta Arora Vs. Ajay Arora and Another

Court : Delhi

..... house of her husband's parents without their wishes and caprice. law permits a married woman to claim maintenance against her in-laws only in a situation covered under section 19 of the hindu adoption and maintenance act, 1956. i.e. after the death of the husband and that too when she is unable to maintain herself out of her own earnings etc. it would not be abominable ..... of this case.' 5. being aggrieved, respondent nos.1 and 2, i.e., husband and mother-in-law of the petitioner respectively challenged the aforesaid order in criminal appeal no.27 of 2007 which was allowed on the issue of residence vide impugned judgment dated 25.08.2008 by learned asj, while observing as under:- in the present case also the ..... suresh kait, j. 1. by way of this petition filed under section 482 of the code of criminal procedure, 1973, petitioners seeks directions whereby setting aside the impugned judgment dated 25.08.2008 passed by the learned additional sessions judge, rohini courts, delhi, (asj) in criminal appeal no.27 of 2007 as far as order on residence is concerned. consequently, seeks further directions ..... to restore the order dated 29.09.2007 passed by the learned trial court in her favour. 2. the petitioner filed an application under section 19 of the protection of women from domestic violence act, 2005 (hereinafter referred as the said .....

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