Court : Delhi
Reported in : 148(2008)DLT506; I(2008)DMC507; 2007(96)DRJ221
..... defendant no. 2 and the plaintiff for permanent and mandatory injunction is stated to have been dismissed in default.27. section 18 of the hindu adoption and maintenance act, 1956, relied on by learned senior counsel for defendant no. 1 provides right to a hindu wife to claim maintenance from her husband during her lifetime and also entitles her to live separately from her husband in certain circumstances without ..... same is transferred pendente lite, the decision is binding on the transferee. however, as observed by the supreme court in hukum chand's case (supra) an exception to this is when the transfer of property forming the subject matter of the suit, pendente lite, results in wiping out the cause of action itself or deprives the transferee of the right to ..... v. om chand and ors. : (2001)10scc715 wherein it has been observed that transfer of the interest does not stop the progress of the suit and the only exception is when the transfer of property forming the subject matter of the suit, pendente lite, results in wiping out the cause of action itself or deprives the transferee of the right to ..... rule 1 (3) of the said code. if the suit is sought to be withdrawn under rule 1 (1), the plaintiff cannot be compelled to proceed with the suit except when there is a counter claim etc. in this case, the court had referred to the decision of the apex court in m/s hulas rail baij nath v. firm k .....Tag this Judgment!
Court : Delhi
Reported in : AIR1971Delhi61
..... against the law and was accordingly discharged.14. it was urged by shri bishamber dayal that the right of the mother to maintenance has been recognised and codified under the hindu adoptions and maintenance act, 1956. this, according to the learned counsel, was, indicative of the fact that she was not intended to be given a ..... but the fulfillment of a legal obligation on their part. under the hindu law the normal right of a hindu widow, it was observed, was to maintenance out of the income of the whole of the joint family estate; but when the joint family estate was divided she was entitled to a share of ..... should be deemed to have been abrogated. it was accordingly held in that case that 'the interest of a hindu mitakshara coparcener available for division under this section (section 6(1) of the hindu succession act) will be such share in the property as would be allotted to him if a partition of the property had ..... was held that according to the mitakshara law, the mother or the grandmother is entitled to a share when the sons divide the family estate among themselves; but she cannot be recognised as the owner of such share until the division is actually made, ..... it was held that a mother's right to a share in the husband's estate on partition of the estate between the sons accrues only when a partition is actually made. this proposition was further reiterated and confirmed by the privy council in pratapmull aggarwala v. dhanbati bibi , where it .....Tag this Judgment!
Court : Delhi
Reported in : 1994IAD(Delhi)550; 53(1994)DLT587
j.k. mehra, j.(1) this is a suit filed by the wife and two minor children of the defendant for maintenance under sections 18 and 20 of hindu adoption and maintenance act, 1950. summons of the suit were served on the defendant, but he has not entered any appearance despite service and was proceeded against ex-parte on 25.8.1993. ex- ..... plaintiff no. 1 apart from rs. 500.00 as reimbursement for the rent being paid. (4) the relevant provisions of the hindu adoption and maintenance act are as under :- 'section18 maintenance of wife - (1) subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained by her husband during her lifetime. (2) a ..... hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,- (a) if he is guilty of desertion .....Tag this Judgment!
Court : Delhi
Reported in : 2001IIIAD(Delhi)700; 90(2001)DLT155; I(2001)DMC476
..... of judicial separation is pending in the court of the additional district judge, the suit for maintenance under the hindu adoption & maintenance act is pending in this court.3. the petitioner filed an application under section 10 read with section 151, cpc in the court of the additional district judge in hma case no. 574/97 for stay of those proceedings till the decision of her petition ..... the respondents filed a petition being hma 574/97 for the grant of decree of judicial separation on the ground that the petitioner had treated him with cruelty. that petition is being contested by the petitioner. the petitioner also filed a suit as an indigent person in this court under the provisions of hindu adoption of maintenance act for the grant of separate residence ..... court.6. even the matrimonial court where the petition for the grant of decree for judicial separation is pending, the petitioner can file an application under section 24 of the hindu marriage act for the grant of maintenance and litigation expenses. that being the position, in my view, no prejudice will be caused to the petitioner in case the petition filed by the ..... by the court of the additional district judge, she was compelled to file her suit for the grant of maintenance and separate residence. it is further submitted by her that the respondent has filed the petition under section 10 of the hindu marriage act for judicial separation on the ground that the petitioner had treated her with cruelty. it is her submission that .....Tag this Judgment!
Court : Delhi
Reported in : AIR1991Delhi44; I(1990)DMC94
..... residence of seema's father.3. the suit has been filed under the provisions of ss. 18 and 20. hindu adoptions and maintenance act, 1956, no. 78 of 1956 (hereinafter referred as the act). the daughter and mother have, inter alia, claimed that (a) a decree for maintenance for a sum of rs. 6500 / - per month against the defendants; (b) a decree against defendant ..... day needs like food, clothing and medical expenses etc. the wife seems has also claimed a sum of rest. 2,000/- per month by way of maintenance. seema is about 27 years old age and is admittedly neither working nor has any income of her own nor does she own any immovable asset. in addition to claim of ..... records after giving deduction for income-tax payable is rs. 48,000 / - though it is hard to believe it. the wife is a young lady of about 27 years and daughter is about 4 years of age and her school fee is more than rs. 300/- per month.17. keeping in view the amount of free estate ..... added to the assessed income to determine the yearly earnings of defendant 1. besides that the amount of about rs. 3,000/- claimed as repairing and collection charges has also to be excluded because it is not the case of defendants that any amount was spent on repairs or towards collection ..... charges. thus total yearly income of defendant i would be rs. 55,700 / -. defendant i will be entitled to deduct the amount pay as income -1 ax .....Tag this Judgment!
Court : Delhi
Reported in : AIR1970Delhi202
..... ii of that act and any adoption made in contravention of the said provisions shall be void ..... behalf of the appellants is well founded. the adoption of duni chand by mahajnu took place, as mentioned earlier, on may 23, 1957, after the coming into force of the hindu adoptions and maintenance act, 1956 (act no. 78 of 1956). according to section 5 of that act, no adoption shall be made after the commencement of the act by or to a hindu except in accordance with the provisions contained in chapter ..... of the property of majahnu and lehnu. this contention was repelled.8. in second appeal mr. chhabil das on behalf of the appellants has argued that when duni chand was adopted by mahajnu he became the adopted son of not only mahajnu but also of her deceased husband lehnu. as such, duni chand is stated to be preferential heir to the estate of ..... against mahajnu, baj ram and ram rattan on june 28, 1945. exhibit p-3 is the copy of that compromise. baj ram, it appears, died some time thereafter. on november 27, 1957, mahajnu filed suit no. 334 of 1957 for possession of the gifted land against ram rattan and gianu by asking for the cancellation of the gift made by her .....Tag this Judgment!
Court : Delhi
Reported in : 17(1980)DLT63
..... main questions argued before us related firstly to the right of the wife to separate maintenance and secondly to the quantum of maintenance to be allowed to her.(3) as to the right of maintenance, sub-section (2) of section 18 of the hindu adoption and maintenance act, 1956. lists the grounds on which a hindu wife shall be entitled to live separately from her husband without forfeiting her right to ..... his to be judged in the light of the provisions relating to grant of maintenance in the hindu adoptions and maintenance act, 1956 under this act there is no ground that the wife would forfeit her right to live separately and get maintenance from her husband if she defamed her husband. sub-section (2) of section 18 lists all the grounds any of which would entitle the wife to have ..... question of her waiving the right to maintenance does not arise. the maintenance is based on a statutory right and it is not possible to agree to the ..... . in that view we are unable to agree with the respondent that the wife forfeited her right to maintenance because she spoke against him or defamed him. the learned counsel for the respondent further says that the wife waived her right to separate maintenance when she agreed to such a condition. but if the condition itself is not valid according to law, the .....Tag this Judgment!
Court : Delhi
Reported in : 131(2006)DLT108; II(2006)DMC310; 2006(90)DRJ385
..... to be read in conjunction with one another and interpreted accordingly. we can, thereforee, go to hindu adoption 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) and in all cases, provisions for food, clothing, residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter also ..... that the appellant's daughter is suffering from anemia. learned counsel for the appellant also submitted that the present level of the respondent is far higher than what it stood when the impugned order was passed. it was claimed that the respondent is drawing more than 22,000/- per month.8. learned counsel for the respondent did not dispute the ..... those he is obliged under the law and statutory but involuntary payments or deductions. 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.13. in the subsequent decision of the supreme court, reported as padmja ..... sharma v. ratan lal sharma : 2scr621 , the court, commenting on the absence of a definition of 'maintenance' and the need to consider all cognate enactments while adjudicating on the .....Tag this Judgment!
Court : Delhi
Reported in : I(2006)DMC520
..... in petition no. 199/2003, which was filed by the respondent who is a minor against her father seeking maintenance under section 20 of the hindu adoptions and maintenance act.2. the respondent herein was born on 5th december, 1996 and she was about seven years old when the aforesaid petition was filed by her against her father. she is now living under the care and custody ..... a compromise deed was entered into between the appellant and the mother of the respondent in the court of the additional district judge, delhi during the proceedings under section 13b of the hindu marriage act. a compromise deed was also executed which is exhibited as ex. pw1/r2 in terms of which a part payment of rs. 25,000 was received. the aforesaid ..... reliance, thereforee, is placed by the appellant on the divorce proceedings which were instituted and decided by the learned additional district judge, delhi. the said proceedings were under section 13b of the hindu marriage act. grandfather of the respondent (nana) mr. k.s. arora was examined in the proceeding as pw-2, who deposed about the aforesaid proceedings. he stated that under certain ..... binding force in view of the provisions of section 39 of the indian contract act inasmuch as neither full payment there under was made to respondent nor it was acted upon. it is an admitted position on evidence that the mother of the respondent has no independent source of income on the date when the petition for maintenance was filed. the respondent was only seven .....Tag this Judgment!
Court : Delhi
Reported in : 146(2008)DLT497
..... which are penal in nature, a divorce proceeding is initiated in which application under section 24 of the hindu marriage act springs out. if there is a minor child born to the warring couple, a 5th proceeding gets initiated under hindu adoption and maintenance act.59. from these 5 plenary proceedings spring appeals and revisions against interlocutory orders.60. ..... to her she would join in the quashing of the fir.55. on the question whether courts should or should not encourage settlement between the parties when applications for anticipatory bail or bail are filed by the husband or the in-laws of the complainant, i may note that the decision relied upon ..... of the claim has been made, in that, rs. 73,000/- has already been received by anu gautam. the order further records that rs. 2,27,000/- would be paid at the time of conclusion of the application filed by anupam sharma seeking anticipatory bail.28. matter was adjourned.29. order dated 5 ..... to time noting that there are chances of a settlement. ultimately, order dated 25.1.2003 was passed followed by the order dated 5.2.2003.27. a perusal of the order dated 25.1.2003 shows that after recording a settlement where-under anu gautam had to receive rs. 5 lacs from ..... deducted from agreed amount of rs. 5,00,000/-. both the parties agree that they will move for quashing for fir and mutual divorce. rs. 2,27,000/- (two lac twenty seven thousand) will be paid at the time of conclusion of this bail application. at the request of the parties adjourned .....Tag this Judgment!