Court : Delhi
Reported in : 156(2009)DLT637
..... on behalf of the minor children. in this context, he referred to the cause title of the suit itself which stated 'suit for maintenance and separate residence under section 9 civil procedure code read with section 18 and 20 of the hindu adoption and maintenance act, 1956 and for permanent and mandatory injunction.'4. mr. narula submitted that the minor children acquire an independent right of ownership by birth in ..... the property belonging to the husband and hence all its members are also liable to maintain the plaintiff.15. it is also well settled that when a coparceners wife has a right of maintenance it can be made the subject matter of a charge on the property of the coparcenary by a decree of the court. mr. naik, submitted that the right of ..... wives and their children. (see manusmriti chapter 9, section 108; naradasmriti chapter 13, sections 26,27, 28 and 33, mulla's hindu law, 13th edition 1974 para 543 page 591).14. obligation to maintain these persons arises from the fact that the manager is in possession of the family property (see kamlamal v. venkatlaxmi). the hindu adoptions and maintenance act has no doubt provided for the personal liability .....Tag this Judgment!
Court : Delhi
Reported in : 119(2005)DLT518; I(2005)DMC823; 2005(82)DRJ25
..... to her. it is stated that the plaintiff has raised loans for purposes of marriage and the defendant is obliged to pay the loan amount to the plaintiff.16. section 3(b) of the hindu adoptions and maintenance act, 1956 defines maintenance as under:-'(b) maintenance includes:-(i) ..........(ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage.'17 ..... . section 20 of the act reads as under:-'20. maintenance of children and aged parents :-(i) subject to the provisions of this section a hindu is bound, during his or her lifetime, to maintain ..... or personally resides.'28. a perusal of the averments made in the plaint and in particular para 5 reveals that the plaintiff admits that the family settled in dubai when she was a minor. plaintiff admits that her parents separated in dubai. plaintiff categorically avers in the plaint that she and her mother were deserted by the defendant in ..... parties had their domicile i.e. last resided, or in other words, the place of residence immediately prior to the abandonment would be the place where the wrong is committed.27. as explained by the lordships of the supreme court in the decision reported as : 1scr1003 jeevanti pandey v. k.c. pandey:-'12.in order to give jurisdiction .....Tag this Judgment!
Court : Delhi
Reported in : ILR1986Delhi76
..... defendant to maintain the daughter and provide for her marriage expenses. the word 'maintenance' under section 3(b) of the hindu adoptions and maintenance act, 1956 include.- the reasonable expenses of an incident to marriage, of an unmarried daughter. thus under the hindu adoptions and maintenance act the liability i? of defendant to provide maintenance and marriage expenses for the daughter. i am, thereforee, of the opinion that ..... of the defendant. (10) the defendant submits that a provision should be made out of this property for the marriage and other maintenance expenses of the daughter before partition. section 20 of the hindu adoptions and maintenance act provides for maintenance of children and aged parents. the obligation to maintain a daughter is o' father specially an unmarried daughter who is unable to ..... originally belonged to his grand father. in other words, it is admitted by the defendant that this is ancestral property. (7) all property inherited by a male hindu from his father, father's father or father's father's father, is ancestral property. the essential feature of ancestral property according to the mitakshara law is that ..... others vs. anand swarup and others decided by this court, that the defendant is the karta and the manager and has been looking after the joint hindu family properties since 28th april, 1972 when the decree in the partition suit was passed. the plaintiffs do not wish to keep the said two properties joint and seek partition besides accounts. .....Tag this Judgment!
Court : Delhi
Reported in : AIR1969Delhi235; 1969CriLJ965
..... now remains to consider the last contention of the learned counsel for the respondent. the contention is based on section 20 of the hindu adoptions and maintenance act, 1956 which came into force on 21st december, 1956. the section reads:--'(1) subject to the provisions of this section a hindu is bound during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her ..... right to refuse to maintain the petitioners, we cannto help expressing our strong disapproval of the conduct and behavior of the petitioners in maligning their own father and bringing a charge of adultery against him visa-vis smt. bimla devi who has been held by the learned magistrate to be his lawfully wedded wife and who admittedly brought them up for ..... . 50/- each as ordered by the learned addl. sessions judge, so long as they are pursuing their educational career with liberty to apply for enhancement of the allowance if and when necessary, consistently with the provisions of the code of criminal procedure.74. the result of our decision is that the reference made by the learned addl. sessions judge recommending enhancement ..... his account'26. it may be mentioned here that the girl anita to whom maintenance had been awarded in the last mentioned case was above 18 years of age. the argument that she was major and, thereforee, nto a child was repelled by the learned judges.27. in bombay, the view taken by beaumont c. j. and wassoodew j. in ahmed shaikh .....Tag this Judgment!
Court : Delhi
Reported in : 132(2006)DLT300
..... the petition filed by smt.seema kapoor and the minor child against her husband sh.rajeev kapoor under section 18 and 20 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as the 'act') granting rs. 3,500/- per month each to both the petitioners as monthly maintenance. the legality and correctness of this judgment is questioned by sh rajeev kapoor in this regular first ..... appeal under section 96 of the code of civil procedure on the following grounds ;(a) the court has awarded ..... acquires far more than the vestige of title which is deemed sufficient to attract section 14(1).20 xx xx xx xx xx xx xx21. the hindu adoption and maintenance act, 1959, was enacted to amend and codify the law relating to adoptions and maintenance among hindus, and it defines maintenance in section 3(d) to include (i) in all cases, provision for food, clothing, residence, education ..... he is obliged under the law and statutory but involuntary payments or deductions. the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of .....Tag this Judgment!
Court : Delhi
Reported in : I(2008)DMC371; 2007(97)DRJ205
..... in this high court being fao no. 395/96. smt. sunita jolly for herself and on behalf of her son master karan jolly filed petition under section 18 of hindu adoptions and maintenance act (hereinafter called 'the act' for short) claiming maintenance for both of them. this petition was filed on 21.2.1995. it has ultimately been decided by the learned adj (fast track court) delhi ..... other for turmoil in their matrimonial life. according to smt. sunita jolly she was forced to leave her matrimonial home in three clothes and meagre articles on 10.9.1992 when she was in advanced stage of pregnancy. she gave birth to master karan jolly thereafter in her father's house. shri vinod kumar jolly accused his wife for matrimonial discord ..... go through the relevant discussion contained in the impugned order in entirety which is as under:27. petitioners are claiming maintenance @ rs. 2,500/- per month for each. as per section 23 of the act, court has to take into consideration the following facts while determining the amount of maintenance:(a) the position and status of the parties;(b) the reasonable wants of the claimant .....Tag this Judgment!
Court : Delhi
Reported in : 116(2005)DLT191; I(2005)DMC191; 2005(79)DRJ192
..... its being barred by `law'. for this purpose, mr. nanda, the learned counsel, appearing on behalf of the defendant/applicant has submitted that the section 1 & 2 of the hindu adoptions and maintenance act, 1956(in short the `hama') indicate that the act applies to whole of india and, thereforee, its operation cannot travel beyond india and apply to a cause of action which has arisen in ..... co. : 4scr19 and in particular has relied upon the following paragraph at page 60 wherein cause of action has been defined by the hon'ble supreme court as under:-'.....when he sues upon the original cause of action, no doubt, the court within whose jurisdiction the cause of action arose would be entitled to entertain the suit. but, if one ..... provisions of rule 9.'hama'1. short title and extent.___(1) this act may be called the hindu adoptions and maintenance act, 1956.(2) it extends to the whole of india except the state of jammu and kashmir.2. application of act.__(1) this act applies__(a) to any person, who is a hindu by religion in any of its forms or developments, including a virashaiva, a ..... the dependent and any income derived from such property, or from his or her earnings or from any other source;(g) the number of dependents entitled to maintenance under this act.'mr. narula thus submitted that sections 2,18 and 23 clearly gave rights to the plaintiff enforceable under hama in this court.9. in my view, it is unnecessary to consider these .....Tag this Judgment!
Court : Delhi
Reported in : 135(2006)DLT258; I(2007)DMC73
..... rs. 20,000/-. the total added up income of ms. sona, thus, was more than rs. 27,500/-. thus, there was no occasion for her to claim maintenance for the minor from the appellant.5. the petition for maintenance was filed under the provisions of the hindu adoption and maintenance act, 1956 read in conjunction with order 33 of the cpc which was allowed vide order dated 13 ..... admitted case on record that the child was staying with the mother and the obligation of the father to contribute towards maintenance of the said child was disputed on a flimsy ground like less salary or passing of an order under section 125 cr.p.c by the court of competent jurisdiction. both these grounds are without any merit. learned counsel appearing ..... which the plaintiff shall be entitled to claim interest @ rs. 6% per annum on the amount not paid by the defendant, as ordered here. since the petition has been filed section 33 c.p.c., thereforee, the court fee shall be deducted from the amount payable to the plaintiff by the defendant. the amount of the court fee be calculated. decree ..... swatanter kumar, j.1. this regular first appeal under section 96 of the cpc is directed against the judgment and decree dated 3.3.2004 passed by the learned additional district judge, delhi. vide the impugned judgment and decree, the .....Tag this Judgment!
Court : Delhi
Reported in : 134(2006)DLT49; (2007)2LLJ350Del
..... in the absence of any provision in the hindu adoptions and maintenance act and the hindu marriage act, the court can exercise jurisdiction under section 151 cpc to grant the interim relief for awarding maintenance. the court held that the statute recognised the substantive right of a hindu wife to be maintained by her husband by virtue of section 18 of the hindu adoptions and maintenance act, 1956 and that such a right was an ..... levy prior to consideration of an appeal is the statutory mandate. 8. upon consideration of these issues, by judicial interpretation, a workman's right to grant of interim wages, when an award in his favor directing reinstatement is challenged before the high court or before the apex court, has been expanded and recognised as an integral part of the inherent ..... of the industrial disputes act beyond the last drawn wages which were being paid to the workman, is contrary to the pronouncements of the apex court and the applicable law. 27. it has been held that this court under article 226 has the jurisdiction to grant wages beyond the limits under section 17b. there is no dispute that this court was competent ..... to, albeit under article 226 of the constitution of india, to grant interim relief beyond the parameters set down by section 17b. this being the .....Tag this Judgment!
Court : Delhi
Reported in : 1995IVAD(Delhi)486; 60(1995)DLT638
..... respondent in view of the fact that the respondent's husband is alive. the obligation to maintain, including provision of residence under section 18(1) of the hindu adoptions and maintenance act, is that of the husband during his life time.(7) counsel for the appellant, thereforee, submitted that in the instant case ..... element of animus possedendie. in the instant case, it would appear that the respondent had not asserted any exclusive possession except in june 1994, when according to the respondent the petitioners threatened to dispossess her. it was then that the suit for permanent injunction was filed. the respondent thereforee, ..... of the plea that even a trespasser was entitled to remain in possession, unless dispossessed or evicted in accordance with law. counsel submitted that when the possession of even a trespasser is protected and he was not liable to be evicted except in due course of law and was entitled ..... the joint family. the court while declining the relief of injunction, held that mere possession was not enough for issuance of an interim injunction when the factum of primafacie being in lawful possession, has got to be established. it was held that to claim an injunction or an interim ..... court held that the respondent had no legal right to the property in suit and she could not forcibly live with her parents-in-law, when the husband was living separately. the civil judge held that the respondent did not have a prima fade case and prayer for injunction was declined. .....Tag this Judgment!