Court : Delhi
Reported in : 2003VAD(Delhi)302; 105(2003)DLT70; 2003(69)DRJ262
..... 682/- or so and, thereforee, was not in the need of any support or maintenance, specially, when she had been provided with chauffeur driven car with fuel and accommodation.8. the objection that a separate application should have been filed under section 20 of the hindu adoption and maintenance act and the present application was not maintainable, is without merit. the relief for which ..... provision is made by section 20 of the hindu adoption and maintenance act can be sought by the ..... 3 and 7. mr.sethi submits that the present application, seeking maintenance is not maintainable. the suit, as filed, was a suit for partition and not one for maintenance. it was open to the plaintiff to seek substantive relief by filing a petition for maintenance under the hindu adoption and maintenance act. mr.sethi further submitted that the properties in possession of the ..... mother and is bound to maintain whether or not he has inherited his father's estate. while it is true that the obligation under sub-section 3 of section 20 of the hindu maintenance and adoption act arises when the parent or unmarried daughter is unable to maintain herself out of her own earnings. in the instant case, i am of the view .....Tag this Judgment!
Court : Delhi
Reported in : 100(2002)DLT682; I(2003)DMC139
..... ' proceedings. when this fact was brought to the notice of this court, this court passed an order dated 9th march, 2000 and asked the defendant for recording of the statement under order x of the cpc. on his failure to appear defense was struck out and contempt proceedings were initiated.13. section 18 of the hindu adoption and maintenance act, 1956 entitles the hindu wife to ..... be maintained by her husband during her life time. according to this provision a hindu wife does not forfeit her claim to maintenance even if she is living separately from her husband. she is entitled to live separately ..... habitually resides with a concubine elsewhere; (f) if he has ceased to be a hindu by conversion to another religion; (g) if there is another cause justifying living separately.'14. sub-section (3) of section 18 provides that the hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste immoral or ceases to be a ..... away from the defendant on her own and voluntarily part from leading anunchaste life and these facts disentitles the plaintiff to claim any relief under the provisions of section 18 of the act.27. i am afraid none of the aforesaid contentions holds water particularly in view of the circumstance of defense of the defendant having been struck out the consequence .....Tag this Judgment!
Court : Delhi
Reported in : 2003IIAD(Delhi)14; 102(2003)DLT822; I(2003)DMC443; 2003(67)DRJ58
..... that she was compelled to leave matrimonial home on 27.8.2002 and that her husband had ..... the defendant appears to have committed contempt of this court. when the matter came up for hearing on 18th august, 1999 notice, simplicitor, was issued to the defendant. it will be relevant to mention that the present suit is for the grant of maintenance under section 18 of the hindu adoption and maintenance act and that, through a string of judgments of this court ..... matrimonial home. lacking necessary financial resources, and other support, she was compelled to return to india. she filed an action in the high court of delhi, for maintenance under the hindu adoptions & maintenance act, 1956, in the course of which the following orders were passed on 5.11.1999.' i.a. 10872/99 in s. no. 1966/99 arguments in this case ..... rites and ceremonies. thereforee, it is the hindu marriage act which would govern all disputes between them pertaining to their marriage, division of properties and maintenance. where a divorce is not prayed for, maintenance can be granted by the court in terms of the hindu adoption & maintenance act. the spouses departed for the united states of america on 27.3.2002. the plaintiff (wife) has alleged .....Tag this Judgment!
Court : Delhi
Reported in : AIR2008Delhi1; 148(2008)DLT685; 2007(97)DRJ668
..... , the respondent threw the appellant out of the matrimonial home and filed a petition for divorce. the appellant also filed petition under sections 18, 20 & 22 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as the 'act') for grant of separate residence and maintenance before the trial court being suit no. 3/96. 2. it was only during the course of the divorce proceedings that ..... 29.10.1984. the respondent married the appellant on 14.10.1988 i.e. almost four years after the respondent had taken divorce from his first wife. in these circumstances, when the respondent represented the appellant that he was a divorcee and divorce was granted four years ago, the appellant could legitimately presume that there was no legal impediment in getting ..... power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.(4) the magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction ..... the respondent resides.(5) the respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).(6) upon the failure on the part of the respondent to make payment .....Tag this Judgment!
Court : Delhi
Reported in : II(1993)DMC547; 1993(26)DRJ46
..... no separate provision in the hindu adoptions and maintenance act, 1956 (for short the act), for grant of maintenance pendente lite. section 18 of the act, under which the case of the plaintiff in essence is based, only provides for maintenance to a hindu wife, subject however to the two exceptions, carved out in sub-section (3) of section 18 of the act, which extinguish the right of a hindu wife to a separate residence ..... , has prima facie shown sufficient facts which entitle her and require that she should be given some amount as interim maintenance.10. the next question which remains to be considered is as to what should be the amount of interim maintenance particularly when, based on professional accounts of defendant no. 1, it is strenuously urged on his behalf, that he does not ..... the wife is residing separately from the husband not under any of the circumstances enumerated under sub-section (2) of the said section or is unchaste or has ceased to be a hindu by conversion to another religion.8. that being the position in law, when it is imperative for the husband to maintain his wife, it does not stand to any reason ..... is whether the moveable and immovable assets belonging to the other defendants could also be taken into consideration for determining the earning capacity and social status of the husband particularly when it is alleged that all the assets acquired by the defendants, including defendant no. 1, are out of the joint family business being run under the name and style .....Tag this Judgment!
Court : Delhi
Reported in : I(2008)DMC166; 2008(100)DRJ329
..... rs. 25,000/- p.m. w.e.f. 1st august, 2000 till the disposal of the suit filed under section 18 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as the act, for short).2. the parties got married on 14th october, 1996 and have a child. custody of the child is ..... 11. in this case the learned single judge has culled out eleven factors that should be taken into consideration for deciding an application under section 24 of the hindu marriage act, 1955 the same are:1. status of the parties.2. reasonable wants of the claimant.3. the independent income and property of ..... during the last 3-4 years and have considerable market value. in addition, the appellant had also sold some properties in the late 1990s, when again the property prices were reasonably high. the appellant is a man owing considerable wealth and assets thereforee it is natural to expect that he ..... estimating the income of the non-applicant when all sources or correct sources are not disclosed.10. the non-applicant to defray the cost of litigation.11. the amount awarded under section 125, cr.pc is adjustable against the amount awarded under section 24 of the act.12. the said judgment of the learned ..... of the act, the appellant has stated in reply to paragraph 14 of the petition under section 18 as under:she would take out money from the respondent's locker and give it to her parents without the respondent's consent. when the respondent learned thereabout and confronted her, she turned violent.18 .....Tag this Judgment!
Court : Delhi
Reported in : 14(1978)DLT23; 1978RLR581
..... ) these two revision petitions are directedagainst a common order of the additional district judge, delhi, granting interim maintenance to the wife and minor child of the petitioner,during the pendency of their claims for maintenance, under sections 18 and 20 respectively of the hindu adoptions and maintenance act.1956, for short, the act.(2) the impugned order is assailed on two grounds, namely :- (1)that there was no jurisdiction ..... that obtains under section 20 of the act.(6) in the case of a wife, sub-section (1) of section 18 appearsto confer an unfettered right to maintenance and the phraseology ofthis sub-section indicates that this right is limited to maintenance within the matrimonial home. this right is also subject to the provisions ofthe section and a reference to sub-section (2) of section 18 indicates that when it comes ..... concerned, there is somein the contention raised on behalf of the petitioner that themaintenance had been awarded without a finding that the witprima facie case. this difficulty is, however, resolved when one looksat the totality of the circumstances. according to the wife,compelled to leave the matrimonial home and the maintenenance istherefore, sought on the-ground either of desertion or ofwhile .....Tag this Judgment!
Court : Delhi
Reported in : 2000VAD(Delhi)341; AIR2000Delhi292; 85(2000)DLT794; II(2000)DMC134; 2000(54)DRJ509
..... orderj.b. goel, j.1. this application (i.a. 2538/97) has been filed by the plaintiffs under section 20 of the hindu adoption & maintenance act (for short 'the act') for grant of interim maintenance and for return of istridhan etc. 2.amardeep singh was married to plaintiff no. 4 on 25.9.1982. ..... which has followed . 8.section 19 of the act provides for the right of a widowed daughter-in-law to claim maintenance from her father-in-law. section 19 reads as under:- '19. maintenance of widowed daughter-in-law. - (1) a hindu wife,whether married before or after the commencement of this act,shall be entitled to be ..... and business and the plaintiffs are entitled to the share of the deceased amardeep singh in the family business and assets; they are also entitled to maintenance till their share in the properties is given to them. reliance has been placed on gurdip kaur vs . ghamand singh dewa singh and sachchanand wadhwani ..... joint family business or the business was started with any joint family funds. it is thus denied that the plaintiffs are entitled to any maintenance. 7.learned counsel for the plaintiffs has contended that the family is joint, business is joint family business and various properties have been ..... have pleaded that the plaintiffs were living separately in a room in their house at 2003, railway road, narela, they have locked that room when left and their goods/articles are lying in that room. whether any istridhan of plaintiffs is kept by defendants or not could be determined at .....Tag this Judgment!
Court : Delhi
Reported in : AIR2002Delhi373; 98(2002)DLT41; II(2002)DMC131; 2002(62)DRJ758
..... an additional district judge dated 24.2.1997 whereby he has dismissed an application of the petitioner filed for grant of interim maintenance to her during the pendency of proceeding instituted under sections 18, 20 and 23 of hindu adoption and maintenance act (hereinafter the act) against the respondent.2. the short question that arises for adjudication in this revision petition is whether the petitioner, the ..... further held that interim maintenance can be granted to a wife even where the matrimonial relationship was denied by the husband.12. in c. obula (supra) andhra pradesh high court was dealing with a case of a hindu wife whose marriage was solemnised before the act came into force in 1956 and it was held that the words 'hindu wife' under section 18 cannot be ..... time of the marriage. the marriage on contravention of this condition was, thereforee, null and void. such a marriage could be declared null and void under section 11 of the hindu marriage act. no doubt when the petitioner was married to the respondent on 14.10.1988 the marriage of the respondent with his first wife ms. manju khullar had been dissolved by ..... interpreted to mean only a wife whose marriage was valid according to the provision of hindu marriage act and that a hindu wife whose marriage was solemnized before the 'act' came into force will be .....Tag this Judgment!
Court : Delhi
Reported in : 115(2004)DLT440; I(2005)DMC40; 2005(79)DRJ274
..... is if at all the petitioner no. 2 is under any legal obligation to maintain the plaintiff, his daughter-in-law particularly when there is a codified law with special reference to section 18 and 19 of the hindu adoption and maintenance act. though plaintiff in the suit has termed the defendant no. 2 as karta of the corporationary property and defendants 1 and 2 ..... he is under obligation to maintain the plaintiffs out of such corporationary properties. he further urged that the obligation of the husband to maintain his wife under section 18 of the hindu adoption and maintenance act is a personal obligation whereas obligation of the karta of the family flows from the customs which have been in existence since ages and those customs and usage ..... the liability of the father-in-law to maintain the defendants including his daughter-in-law but now since there is a codified law thereforee in view of section 4 of the hindu adoption and maintenance act, the court has to determine if uncodified law shall still have recognition..5. i have heard learned counsel for the plaintiffs, learned counsel for the defendant no ..... learned counsel for the plaintiffs do not cease to exist by enactment of the act, viz, hindu adoption and maintenance act. it was further contended that section 19 of the hindu adoption act does not in any manner exclude the existing rights available to hindu women. to support such contention he referred to mullah on hindu law 18th ed. vol. i page 877 and 878 where he discussed the .....Tag this Judgment!