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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 12 of about 303 results (0.096 seconds)

Mar 05 2013 (HC)

Avnija Ahluwalia (Minor) Through:next Friend Simra Vs. Vikaas Ahluwali ...

Court : Delhi

..... who are the wife and minor daughter (now aged about 11 years) of the defendant, in this suit for recovery of maintenance under sections 18 & 20 of the hindu adoption and maintenance act, 1956, seek interim maintenance @ rs.5,00,000/- per month with effect from march, 2008 with escalation of 15% per annum and a residence ..... giving the benefit of doubt to the plaintiffs, of a possible wrong legal advice for refusing interim maintenance, i am inclined to deny interim maintenance on such conduct alone of the plaintiff no.2. when the plaintiff no.2 can afford to wait for several years to press her application for interim relief ..... amount within two weeks from today.17. accordingly, the direction for payment of interim maintenance @ rs.75,000/- as aforesaid shall be applicable with effect from 1st january, 2013, being the month when arguments were heard, with the maintenance for the month of january to march, 2013 being payable within two weeks.18 ..... was handed to the plaintiff no.2 in a period of little over two months, but the senior counsel for the defendant has argued that when disputes and differences were brewing between the plaintiff no.2 and the defendant, the father of the defendant had acquired a flat at ats greens, ..... , they were living separately from the parents of the defendant, in the colony of jalvayu vihar, noida, u.p.; that it was only when the plaintiff no.2 became pregnant with plaintiff no.1 that the father of the defendant brought them to his own house; that the defendant .....

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Oct 07 2013 (HC)

Rajesh Khaneja Vs. Rita Khaneja

Court : Delhi

..... and decree dated 18th october, 2004 of the court of the learned addl. district judge in suit no.31/2002 filed by the wife ms. rita khaneja under sections 18 & 23 of the hindu adoption and maintenance act, 1956.2. the wife ms. rita khaneja filed the said suit, inter alia pleading:(a). that she was married to shri rajesh khaneja on 30 th september, 1998 ..... & 23 of the hindu adoption and maintenance act is entitled to arrears of maintenance also, for a period of three years prior to the institution of the suit. i see no reason to deny the same to the wife ms. rita khaneja in the present case, particularly when she has been awarded maintenance w.e.f. february, 2002.14. i accordingly allow the appeal preferred by the ..... reason given by the learned addl. district judge for denying the arrears of maintenance to the wife ms. rita khaneja is of her having not applied for the same in april, 1999. the counsel for the wife ms. rita khaneja is unable to give the date when the petition under section 125 cr.pc was filed. however now on asking the wife ms ..... separately was not disputed.4. the learned addl. district judge, in the impugned judgment, has found/observed/held:(i). that the wife ms. rita khaneja is not entitled to any maintenance for the period from april, 1999 till february, 2002, when the suit was instituted, for the reason of having not given any reasoning as to why she did not apply for .....

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Oct 07 2013 (HC)

Rita Khaneja Vs. Rajesh Khaneja

Court : Delhi

..... and decree dated 18th october, 2004 of the court of the learned addl. district judge in suit no.31/2002 filed by the wife ms. rita khaneja under sections 18 & 23 of the hindu adoption and maintenance act, 1956.2. the wife ms. rita khaneja filed the said suit, inter alia pleading:(a). that she was married to shri rajesh khaneja on 30 th september, 1998 ..... & 23 of the hindu adoption and maintenance act is entitled to arrears of maintenance also, for a period of three years prior to the institution of the suit. i see no reason to deny the same to the wife ms. rita khaneja in the present case, particularly when she has been awarded maintenance w.e.f. february, 2002.14. i accordingly allow the appeal preferred by the ..... reason given by the learned addl. district judge for denying the arrears of maintenance to the wife ms. rita khaneja is of her having not applied for the same in april, 1999. the counsel for the wife ms. rita khaneja is unable to give the date when the petition under section 125 cr.pc was filed. however now on asking the wife ms ..... separately was not disputed.4. the learned addl. district judge, in the impugned judgment, has found/observed/held:(i). that the wife ms. rita khaneja is not entitled to any maintenance for the period from april, 1999 till february, 2002, when the suit was instituted, for the reason of having not given any reasoning as to why she did not apply for .....

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Dec 20 2013 (HC)

Vikaas Ahluwalia Vs. Simran Ahluwalia

Court : Delhi

..... herself and as a guardian of the minor daughter of the parties, filed a suit for maintenance and separate residence under the hindu adoptions and maintenance act,1956 before this court (hereafter called the maintenance suit ). an application seeking an interim monthly maintenance of `5,00,000/- was also filed in that suit. the court by order dated 05.03.2013 awarded `75,000/per month as the ..... their daughter. fao1432013 page 2 3. subsequently, the appellant claimed the custody of his daughter under section 25 of the guardians and wards act (g.p. no.8/2008) which is ..... been purchased in her name. thereafter, she filed a petition for restitution of conjugal rights under section 9 of the hma on 01.09.2008 against the appellant, being hma24708 in the karkardooma court. that petition and the interim maintenance application were withdrawn on 04.07.2009, when the appellant/husband agreed to live with the respondent/daughter keeping in view the welfare of .....

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Oct 09 2014 (HC)

Vikaas Ahluwalia Vs. Simran Ahluwalia

Court : Delhi

..... proceedings have been instituted which include one under section 9 of the hindu marriage act, seeking restitution of conjugal rights preferred by the wife; proceedings under section 24 and 26 of the hindu marriage act again by the respondent wife; a guardianship proceedings under section 25 of the guardian and wards act by the appellant; an application for maintenance under the hindu adoption and maintenance act preferred by the respondent.5. the last ..... in the series was a divorce petition being hma no.134/2011 preferred by the present appellant ..... grant of other facilities should be effective from the date of the application, and not from the date of the order, the court felt that the determinative date should be when the application was filed. so far as the appellant s appeal with regard to the determination of the family court and the liability to pay rs.1,25,000/-, the .....

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Apr 17 2018 (HC)

S vs.j

Court : Delhi

..... valsan, (2013) 1 klt375 the wife filed the petition before the family court under section 18(2) of the hindu adoption and maintenance act, 1956 for past maintenance. in the aforesaid proceedings, the wife filed an application under section 26 of the d.v. act seeking reliefs under section 18 and 19 of the d.v. act. the family court dismissed the application holding that it does not have the jurisdiction ..... order xiv rule 5 c.p.c. is remanded back to the family court. 11.2. the parties are directed to appear before the family court on 23rd april, 2018 when the family court shall fix the date for hearing whether the evidence is necessary to adjudicate the petitioner s application. 11.3. the family court shall frame the issues if ..... , therefore, cm(m) 750/2017 page 26 of 33 exceeded its jurisdiction in entertaining the application under section 26 of the d.v. act; b) in support of the aforesaid, mr. vaz refers to the scheme of the d.v. act, and lays emphasis upon section 27 to submit that it is only the court of judicial magistrate, first class or the metropolitan magistrate, as ..... been enacted primarily to provide a fair procedure to deal with the offences punishable under various penal acts and is geared to find out the guilt or innocence of the person, who has been charged of any offence. many of the reliefs contemplated under the act are of civil nature which cannot normally granted by the criminal court, but only by a civil .....

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Mar 19 1990 (HC)

Savitri Devi and ors. Vs. Shanti Devi

Court : Delhi

Reported in : 41(1990)DLT323; II(1990)DMC438

..... , legitimate or illegitimate, one of whose parents is a hindu by religion and who is brought up as a hindu is a hindu. i may note here that section 2 in this act is the same as in the hindu minority and guardianship act, 1956, hindu adoptions and maintenance act, 1956 and the hindu succession act, 1956. there is explanationn (b) in section 2(1) of the adoptions and maintenance act, 1956 .which brings into its fold a child brought up ..... ) and which is as under :- 'lastly it was urged that the appellant was not informed about the respondent's marriage with lilabai when she married the respondent who treated her as his wife, and, thereforee, her prayer for maintenance should be allowed. there is no merit in this point either. the appellant cannot rely on the principle of estoppel so as to ..... not extended a similar protection in respect of the mother of the child. this judgment of the supreme court cannot be made use of in the proceedings before me as section 16 of the act becomes applicable when the marriage, though void, is between two hindus. since, the marriage in the present case could not have been solemnized under the ..... , smt. rakhi kumar. the applicants state that this stand was taken by shri charan kumar in order to save himself from the charge of bigamy. the fact that the first applicant smt. rakhi kumar was christian on the day when, she says, she married shri charan kumar is not denied, but it is stated that she embraced hinduism after the marriage. she .....

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Oct 17 1996 (HC)

Sunil Mehra Vs. Baby Rashmi Mehra and ors.

Court : Delhi

Reported in : I(1997)DMC149

..... business and share of income from property. we have already referred to the evidence in this behalf.20. under the hindu adoptions and maintenance act, maintenance as defined in sub-clause (b) of section 3 includes provision for food, clothing, residence, education and medical attendance and treatment so far as wife is concerned. ..... air1996sc172 . in that case, it was mentioned that any property given to a wife towards residence for life will become absolute under section 14(1) of the hindu succession act, 1956. maintenance necessarily must encompass a provision for residence. if life interest is given to the wife in a property towards her residence, that right ..... from lajpat nagar property, the gross receipts are rs. 21,800/-and after making allowance for municipal taxes, 1/6th towards repair and collection charges and share of other co-owners, the income in the hand of the defendant is shown as rs. 2,453/-. similarly, gross receipts from ..... rs. 10 lakhs in three installments to enable the wife to construct a residential house.31. so far as this direction is concerned, when cash provision is adequately made for the wife and daughter, we do not think that there is any need for making allotment of a plot ..... accruing on rent account, except what can be inferred from tax return.26. the defendant had disclosed fixed deposits of rs. 2.6 lakhs.27. from the foregoing it would appear that total reliance on the income tax assessment may not be reflective of the actual position and, accordingly, .....

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Jul 31 2019 (HC)

R D vs.b D

Court : Delhi

..... been enacted to provide for the maintenance to the wife and it is nowhere the intention of the legislature ..... law that once an order of maintenance has been passed by any court then the same cannot be re-adjudicated upon by any other court. the legislative mandate envisages grant of maintenance to the wife under various statutes such as hma, hindu adoption and maintenance act, 1956 (hereinafter referred to as hama ), section 125 of cr.p.c. as well as section 20 of dv act. as such various statutes have ..... at the first instance will ensure that the appellant- mother meets the children and when the children are comfortable at that point of time the family court would consider what would be the best interest of the children. as far as maintenance is concerned, granting maintenance under domestic violence act is not a bar.24. we appreciate the efforts rendered by mr. prabhjit jauhar .....

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Mar 16 1988 (TRI)

Smt. Chander Bala Modi Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)27ITD81(Delhi)

..... and property of her own and, therefore, in terms of sub-section (3) of section 20 she was not entitled to any maintenance.4. there can be no doubt that under the scriptural hindu law as well as under the hindu adoptions and maintenance act, 1956, a daughter is entitled to be maintained by her parents till she ..... of the hindu adoptions and maintenance act, an unmarried daughter is entitled to be maintained by her parents and that maintenance as defined in section 3(b)(ii) of the said act in the case of an unmarried daughter includes reasonable expenses of and incidental to her marriage. therefore, according to the learned counsel when the mother ..... and providing another with money to enable him to incur that expenditure for herself.the marriage is not shown to have been even under contemplation when this money was transferred and there was no expenditure imminent to be incurred. as a matter of fact the money was deposited by the ..... earlier due to valid reasons. relying on this ruling the learned counsel for the assessee contended that in the present case the amount was transferred when the girl was already 16 years of age and the marriage took place 271/2 months later and, therefore, it can be said that ..... has not actually incurred any expenditure on the marriage of a daughter but purports to have provided the daughter money long before her marriage so that when the marriage takes place she may meet those expenses herself.9. in m. radhakrishna gade rao's case (supra), there was a, family .....

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