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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 13 of about 303 results (0.095 seconds)

Sep 19 2013 (HC)

Kavita Chaudhri Vs. Eveneet Singh and anr

Court : Delhi

..... house of her husband s parents without their wishes and caprice. law permits a married woman to claim maintenance against her inlaws 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 to ..... no.1 would have no rights under section 17 of the said act.8. reliance is also placed on various judgments passed by this court in the earlier proceeding. it is pointed out that defendant no.1 had also filed a suit being cs(os)1307/2010 under hindu adoption and maintenance act, 1956 against plaintiff and defendant no.2 seeking maintenance and right of residence in the ..... suit property. it is further stated in the plaint that defendant no.2 is the only son of the plaintiff. defendant no.2 got married to defendant no.1 on 27.4.2009. various allegations are made against defendant no.1. it is stated that on account of differences there was constant friction between the plaintiff and defendant no.1. plaintiff ..... the petition under the domestic violence was maintainable even if the act of domestic violence have been committed prior to the coming into force of the act. the said judgment has no application to the facts of the present case. 27.as defendant no.1 has no rights under the domestic violence act, the submission of the learned counsel for the plaintiff that the .....

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Aug 11 2014 (HC)

Ram Lalit Rai @ Lalak Rai and ors. Vs. Kamla Rani

Court : Delhi

..... in the village. however, in his cross-examination he has admitted that he was not present when such ceremony took place. if that is so, then his testimony is not sufficient to prove the actual giving and taking as envisaged under section 11(vi) of the hindu adoptions and maintenance act, 1956. pw3 has further deposed that muni ram, paras ram and ram ditta were present in ..... the trial court is erroneous and contrary to the evidence adduced on record as also the settled legal position governing the adoption.8. section 11(vi) of the hindu adoptions and maintenance act, 1956 provides that the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of ..... the ceremony. however, none of them have been produced in the witness box. accordingly, respondent has failed to prove that the ceremony as envisaged under section 11(vi) ever took place. it is .....

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Aug 23 2016 (HC)

Kandula Subramaniam Vs. Krishnakoli Datta

Court : Delhi

..... to be read in conjunction with one another and interpreted accordingly. we can, therefore go to hindu adoptions and maintenance act, 1956 (for short the 'maintenance act') to understand the meaning of the 'maintenance'. in clause (b) of section 3 of this act "maintenance includes (i) in all cases, provisions for food, clothing residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter also the reasonable ..... owned by them and they do not have to incur any liability towards payment of rent. the child was just six years old at the time when this application under section 24 of the hindu marriage act was disposed of and estimating monthly expenses of a child aged about six years to be rs.70,000/-as claimed by the respondent/wife appears to ..... he has been directed to pay rs.23,000/- per month towardsmaintenance of the child of the parties and also rs.1,08,000/- as 1/3rd share inthe admission charges of rs.3,24,000/- of their child in regular school. 2. it is admitted case of the parties that they got married on april 22, 1999. they were blessed ..... ,429/-. it hasbeen further submitted that he had been voluntarily offering to contribute rs.10,000/- per month forthe child expenses which has been declined by the respondent/wife and when he tried to contribute by sending the cheque to her she did not get the same encashed. the contention of the appellant is that the two spouses should be similarly .....

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May 24 2018 (HC)

Tarini Mehta vs.sanjeev Chhabra & Ors

Court : Delhi

..... 1956. by operation of section 14 of the said act, the right of residence given to satyawati in the first floor of the doctor's lane house ripened into an absolute title inasmuch as the said right was given to her in recognition of a pre-existing right to maintenance inhering in her. even under the hindu law obtaining prior to the enforcement of hindu adoptions and maintenance act, 1956 ..... also of the beneficiaries. (17) the parties shall register this presents with the concerned sub- registrar and the stamp duty and the registration charges shall be borne by the parties in equal shares.? 29. admittedly the plaintiff is not obstructing defendant nos. 3 to 5 from entering ..... pre-deceased son as also the remaining two sons and daughters. the daughters have categorically given affidavits abandoning their rights in the property when the issue arose as to who should be recorded as the lessee of the property with the l&do. it cannot be said ..... more members of the family being such shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by sub-section (2) of the last foregoing section.? 27. in ashim ranjan das vs sm. bimla ghosh & others air1992cal 44 it was held: ?in paresh nath v. kamal krishna ..... but due to the intervention of the police, they could not do so. the defendant no.6 later received a letter / notice dated 27.08.2012 from sub-registrar v, new delhi to the effect the defendant no.3 had presented an instrument / sale deed for registration in .....

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Apr 29 2015 (HC)

Vipul Rohilla Vs. Meenakshi

Court : Delhi

..... which is bone of contention between the parties and has given rise to the present proceedings.3. respondent filed two affidavits in the proceedings under section 125 cr.p.c. and under section 18 of the hindu adoption and maintenance act, 1956. she stated in the said affidavits that her in-laws had taken jewellery, cash and fdr for `51,000/- in their custody and refused to ..... public funds and time of courts. for this reason also in every case of perjury the court would not mechanically take cognizance or direct prosecution. prosecution should be ordered only when it is considered expedient and in the interest of justice to punish the delinquent. every incorrect or false statement does not make it incumbent on the court to order prosecution ..... issues, when the wife can again indulge in proving that the husband was wrong and she was right, it is not expedient for this court to enter into the fact and become ..... for giving false evidence, is to curb the evil of perjury and to keep the flow of proceedings in courts unsullied and pure. it is only in a rare case, when the court comes to the conclusion that if the complaint is filed conviction is more or less a certainty, that it chooses to become a complainant. in such like contentious .....

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Dec 23 2010 (HC)

Shri Rohit Shekhar Vs. Shri Narayan Dutt Tiwari and anr.

Court : Delhi

..... does not disregard the rights of an illegitimate child to maintenance. the hindu adoptions and maintenance act, 1956 for example, specifically provides for maintenance of illegitimate children in sections 20, 21 and 22 of the act. the relevant provisions are reproduced below:"20. maintenance of children and aged parents.- (1) subject to the provisions of this section a hindu is bound, during his or her lifetime, to maintain his ..... a proceeding to determining the legitimacy of a child. in the case of banarsi dass (supra), it was held:"13. we may remember that section 112 of the evidence act was enacted at a time when the modern scientific advancements with deoxyribonucleic acid (dna) as well as ribonucleic acid (rna) tests were not even in contemplation of the legislature. ..... a woman from allegations of unchastity, and the resultant harassment that she could be subjected to in legal proceedings. while those concerns are as real today as they were when the provision was enacted, nevertheless subsequent changes in womens status, the rights enjoyed by them, scientific developments and advancements, and changes in legal provisions which recognize a ..... than that all relevant evidence should be admissible and should be heard by the tribunal that is charged with deciding according to the truth."27. the law in england is now guided by the family reforms act, 1969 (later replaced by the 1987 act); it enables the court to draw a distinction between parentage and paternity thus allows conduct of .....

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Apr 25 2012 (HC)

Dr. Kavita Chaudhri Vs. Ms. Eveneet Singh and Another

Court : Delhi

..... and mandatory injunction under sections 18 and 23 of the hindu adoption and maintenance act, 1956 and impleading therein her husband as defendant no.1, and her mother-in-law as defendant no.2. the marriage of defendant no.1 (prashant vijay) and defendant no.2 (eveneet singh) was solemnized in accordance with hindu rites and ceremonies on 27.4.2009 and after her marriage, ms. eveneet singh ..... arguments of the learned counsel for the parties on 16.2.2012, the matter was reserved for pronouncement of judgment but during the period when the matter was lying reserved, the judgment debtor moved an application under section 151 of cpc seeking dismissal of the present execution petition or in the alternative to adjourn the matter sine die till the disposal of ..... held that eveneet has right to continue in the south extension residence for a period of 10 weeks and prashant was put under an obligation to offer an alternative accommodation. when the said order was passed by the learned single judge the order dated 11.2.2011 passed by the learned division bench was also before this court as would be ..... . this court is conscious of the further events which took place by way of an order of the division bench dated 11.02.2011, when eveneet was given yet another option to move into premises leased by prashant. apparently, that option is still open even though she has chosen not to exercise it. having regard .....

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Feb 12 2013 (HC)

Lalit Bhola Vs. Nidhi Bhola and anr.

Court : Delhi

..... husband in determining the amount of monthly maintenance. the higher courts have held that several factors including the status ..... the facts into consideration, the learned asj reduced the interim maintenance payable to the wife to `9,500/- and to the child to `3,000/-.6. while awarding maintenance under section 125 cr.p.c. or maintenance pendente lite under section 24 of the hindu marriage act or the maintenance under section 18 of the hindu adoption or maintenance act, courts are not only guided by the income of the ..... . in alok kumar jain v. purnima jain, 2007(96) drj 115.a co-ordinate bench of this court while examining grant of maintenance, pendente lite, observed as under:10. law under section 24 of the hindu marriage act is well crystallized. from the judicial precedents, factors which can be culled out as required to be kept in mind while awarding interim ..... . in most cases the standard of living of one or both of the parties will have to suffer because there will be two households to support instead of one. when this occurs, the court clearly has to decide what the priorities are to be and where the inevitable loss should fall. generally speaking, wife is the financially dependent spouse .....

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Dec 11 2013 (HC)

Deepa Chatterjee and anr Vs. Satyajeet Chatterjee

Court : Delhi

..... 2009 (unique case i.d. no.02401c0091632003) filed by the appellants in rfa no.326/2012 against the appellant in rfa no.200/2012 under sections 18 & 20 of the hindu adoption and maintenance act, 1956. vide the impugned judgment and decree, the appellant mr. satyajeet chatterjee (husband) in rfa no.200/2012 has been directed to pay to ..... ; the appellant/husband however enjoyed the monies and must have earned interest thereon and has not been directed to pay any interest on arrears from the date when the maintenance for each month fell due and till the date of payment; (v) even otherwise, considering the status of the appellant/husband, the amount of rs. ..... this reason, no merit is found in the application under order 41 rule 27 cpc also; (iii) no error is found in the learned adj applying the same monthly rate of maintenance as fixed for future to the arrears also, as the future maintenance fixed by the learned adj is found to be on the lower side ..... a computer engineer, since attaining the age of 24 years.7. the suit from which this appeal arises, was instituted on 22nd september, 2003 claiming maintenance at the rate of rs.27,500/- for both the appellants in rfa no.326/2012.8. the learned adj, in the impugned judgment, has held: (a) that the ..... * in the high court of delhi at new delhi date of decision:11. h december, 2013. + rfa2002012, cm no.7926/2012 (u/o41r-27 of the cpc), cm no.7927/2012 (for stay), cm no.15161/2012 (for vacation of stay) & cm no.14645/2013 (for stay of execution). .....

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Dec 11 2013 (HC)

Satyajit Chatterjee Vs. Deepa Chatterjee and anr

Court : Delhi

..... 2009 (unique case i.d. no.02401c0091632003) filed by the appellants in rfa no.326/2012 against the appellant in rfa no.200/2012 under sections 18 & 20 of the hindu adoption and maintenance act, 1956. vide the impugned judgment and decree, the appellant mr. satyajeet chatterjee (husband) in rfa no.200/2012 has been directed to pay to ..... ; the appellant/husband however enjoyed the monies and must have earned interest thereon and has not been directed to pay any interest on arrears from the date when the maintenance for each month fell due and till the date of payment; (v) even otherwise, considering the status of the appellant/husband, the amount of rs. ..... this reason, no merit is found in the application under order 41 rule 27 cpc also; (iii) no error is found in the learned adj applying the same monthly rate of maintenance as fixed for future to the arrears also, as the future maintenance fixed by the learned adj is found to be on the lower side ..... a computer engineer, since attaining the age of 24 years.7. the suit from which this appeal arises, was instituted on 22nd september, 2003 claiming maintenance at the rate of rs.27,500/- for both the appellants in rfa no.326/2012.8. the learned adj, in the impugned judgment, has held: (a) that the ..... * in the high court of delhi at new delhi date of decision:11. h december, 2013. + rfa2002012, cm no.7926/2012 (u/o41r-27 of the cpc), cm no.7927/2012 (for stay), cm no.15161/2012 (for vacation of stay) & cm no.14645/2013 (for stay of execution). .....

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