Court : Delhi
Reported in : I(2001)DMC469
..... arun kumar, j. 1. the respondent/plaintiff had instituted a suit in this court against the appellant/defendant. the suit a was filed under section 18 of hindu adoptions and maintenance act, 1956 for maintenance and for separate residence. appellant/defendant is the husband of the respondent/plaintiff. the respondent filed the aforesaid suit, inter alia, on the averments that the appellant had abandoned and ..... provision entitling her to live separately from her husband without forfeiting her claim to maintenance on any of the seven eventualities provide in clauses (a) to (g) of sub-section (2) of section 18. one of the justification provided in clause (d) thereof for separate residence of a hindu wife is when her husband has any other wife living. clause (f) gives a right to ..... a wife to live separately when her husband ceases to be a hindu by conversion to another religion. thereforee the case of the respondent is covered by sub-section (2) of section 18 and her entitlement to live separately is not in dispute. the appellant is not only supposed to maintain her ..... found to be entitled to the same, are to be granted from the date of the judgment and they are to be granted only when the proof of such expenses having been incurred is furnished by the deserted hindu wife. at the time of final decree, the court is competent and within its jurisdiction to pass the decree from the date of .....Tag this Judgment!
Court : Delhi
Reported in : AIR2004Delhi366; 110(2004)DLT703; I(2004)DMC675; 2004(74)DRJ8
..... . the husband cannot be heard saying that he is unable to maintain due to financial constraints so long as he is capable of earning. ? further, according to section 20 of the hindu adoptions and maintenance act, 1956, a hindu is under a legal obligation to maintain his wife, minor sons, unmarried daughters and aged or infirm parents. the obligation to maintain them is personal, legal and absolute ..... appellant has not paid that amount even on a single occasion. 4. under these circumstances, the mother filed a petition under section 20 of the hindu adoptions and maintenance act, 1956 sometime in 2001 claiming maintenance for their child parul. a separate petition was filed claiming maintenance for their child geetanshu. by an interim order dated 1st april 2002, the learned additional district judge directed the appellant to ..... decisions of the supreme court, it must be held that the respondents are entitled to receive maintenances from the appellant.15. with regard to the quantum of maintenance, section 23 of the hindu adoptions and maintenance act, 1956 gives the factors required to be considered. this section reads as follows:'23. amount of maintenance. -- (1) it shall be in the discretion of the court to determine whether any, and if .....Tag this Judgment!
Court : Delhi
Reported in : 6(1970)DLT433
..... under sub-section (1) of section ii for conferment of proprietary ..... s and land reforms act (15 of 1954), hereafter referred to as the abolition act. incidentally it also raises the question of impact of section 20 of the hindu adoptions and maintenance act (78 of 1956), hereafter referred to as the maintenance act. on the construction of section 11(2) of the abolition act.(2) the appellant is a widow. she was not so when respondent puran had applied ..... to be decided on its own facts and circumstances. tangible property will no doubt constitute resources of the minor. but the statutory right of the minor, under section 20 hindu adoptions and maintenance act, to be maintained by the father, cannot, invariably, be regarded as the means of the minor. it is not difficult to visualize a case where a father ..... it cannot be held that the appellant has other means of livelihood within the meaning of that expression as used in sub-section (2) of section 11 of the abolition act when read in conjunction with section 20 of the maintenance act. her appeal is, thereforee, allowed and the order of the learned district judge affirming the order of the compensation officer is .....Tag this Judgment!
Court : Delhi
Reported in : AIR1994Delhi234; 51(1993)DLT588; 1993(26)DRJ469
..... 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 strenously 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 immoveable 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.i, are out of the joint family business being run under the name and style .....Tag this Judgment!
Court : Delhi
Reported in : 2002(64)DRJ747
..... could not be any dispute about the fact that the orissa case related to agricultural land ceiling.8. under section 21 of the hindu adoption and maintenance act, the term 'dependant' would include the widowed daughter subject to the condition that she is unable to obtain maintenance from the estate of her husband, her son or daughter or her father-in-law or his father or ..... dependant even under the extended meaning of the term 'dependant' by including divorced daughter under section 21(iv) of the hindu adoption and maintenance act. i had to refer to the terms 'family' and 'dependant' in view of the term 'family' used in section 2(1) of the delhi rent control act to find out the meaning of the member of family. this was essential further on ..... of his heirs ; (c) 'urban area' has the same meaning as in the delhi municipal corporation act, 1957 (66 of 1957) 10. while section 21 of the adoption and maintenance act refers to daughter, and widowed daughter, sub-clause (b) of sub-clause (iii) of clause (1) of section 2 does not keep even that distinction. consequently, separated or divorced daughter would be included in the ..... independently. 3. on the other hand it is argued that the respondent did not remain a family member after her marriage. she had already surrendered her rights in the property when the rent was paid only by bakul rani das or by the appellant on her behalf. she did not have any independent right to stay in the premises.4. i .....Tag this Judgment!
Court : Delhi
Reported in : AIR2007Delhi39; 135(2006)DLT314; I(2007)DMC13; 2007(99)DRJ338
..... learned single judge towards medical reimbursement for the treatment undertaken by the respondent was covered within the word 'maintenance' as defined under section 3(b) of the hindu adoptions and maintenance act, 1956 (hereinafter referred to as `the act') and that as the appellant was already directed to pay a maintenance of rs. 3,000/- to his wife, the respondent herein, and a sum of rs. 1,500/- to ..... , 2006 itself.5. subsequently, fresh applications were filed by the appellant, being cms no. 12295-97/2006 praying inter alia, amongst others, for recalling the order dated 23rd august, 2006. when the applications were listed before the court on 11th september, 2006, counsel for the appellant stated that the appellant was willing to pay the costs imposed on him within ten ..... pendente lite in the interest of justice.para 27 : further, in our view, independent of the inherent power of the court under section 151, c.p.c. the wife and children are entitled for grant of interim maintenance under the scheme and provisions of the act itself. the expression `maintenance' in sub-section (b)(i) of section 3 of the act is an inclusive one providing for provision .....Tag this Judgment!
Court : Delhi
Reported in : 45(1991)DLT35; II(1991)DMC365; 1991(1)DRJ(Suppl)449
..... santosh duggal, j. (1) this is a revision petition against an order of grant of interim maintenance for the daughters of the petitioner, who have filed asuit along with their mother under the hindu adoption and maintenance act, by means of interim application, the wife of the petitioner, who was plaintifi no. i as well as the daughters, ..... plaintiffs no. 2 and 3, prayed for an interim order of maintenance and on consideration of the entire material on record and ..... revision petition and the same is dismissed.(6) it is noticed that by the impugned order, the petitioner was directed to make payment of the maintenance from he date the institution of the suit which according to the counsel for the respondent was 24th may, 1990. it is admitted by the ..... age would be highly inadequate because of present cost of living. it is in recognition of this fact the petitioner does not challenge the quantum of maintenance. his only plea is that before this order was made, he was spending on the major heads of school fee, books etc.(3) there is ..... no material placed by the petitioner on the record that from the date when the suit was filed and up to the date this order is effective he has paid school fee or incurred any other expenses on a major .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
Reported in : ILR1975Delhi811
..... jurisdiction to grant maintenance to the wife or other person who was beforethe court. it was observed thus by the court :- 'thepower of the court does not flow from ..... passed during the pendency of a suit for maintenance. it was urged before the court that an order concerning the grant of interim maintenance could be passed only under section 151 of the code. however, the court held that this was not so. it was decided that once the proceedings under section 18 of the hindu adoptions and maintenance act, 1956, were before the court, the court had full ..... rs. 150 per month when she was living in the house of the respondent. the respondent has also expressed willingness for the applicant to return to the house, and if she docs, she will be properly looked after. this offer is not acceptable to the applicant. (3) i have been referred to the provisions of the hindu adoptions and maintenance act, 1966. the provisions of ..... of the wife qua husband or the child qua the parents. i do not think that there is an obligation in hindu law for the parents to live with the child. but this matter will have to be adjudicated upon when this matter is finally decided. i think the true position must be that the applicant, as far as the facts appearing .....Tag this Judgment!
Court : Delhi
Reported in : 137(2007)DLT411; I(2007)DMC483; 2007(94)DRJ487
..... it would amount to supplanting the commission over the courts. he submitted that the rights and obligations with regard to maintenance of the petitioner and the respondent no. 3 are governed by the hindu adoption and maintenance act, 1956 and, in case of emergent situations, under section 125 of the code of criminal procedure, 1973. he further submits that the respondent no. 3 has already filed an ..... application under section 125 of the code of criminal procedure, 1973 and the same is pending before the metropolitan magistrate, rohini courts ..... , both civil and criminal. the rights and obligations in respect of maintenance pertaining to parties, who are hindus, are to be determined under the hindu maintenance and adoption act, 1956. such matters are to be adjudicated by a civil court. recognizing the fact that such an adjudication may take some time, the legislature has enacted section 125 of the code of criminal procedure, 1973 to provide immediate .....Tag this Judgment!