Court : Delhi
Reported in : 2003VIIIAD(Delhi)13; AIR2004Delhi158; 107(2003)DLT309; 2003(71)DRJ122
..... at what rate and for what period?(7) relief5. one more additional issue was framed on 27.7.1995 which has been recasted as under :'whether the suit is barred by section 18 of the hindu adoption and maintenance act, as alleged by the defendant?' 3. the trial court by its judgment and order dated 26 ..... the plaintiff also accused the defendant no. 1 of having affairs with his own young brother. the defendant no. 1 also filed an application for maintenance against the plaintiff. the plaintiff filed a petition for dissolution of of the marriage. it is further alleged that the plaintiff occasionally gets fits of ..... defendants are sons and daughter and daughter-in-law of the plaintiff. the defendant no.1 under the provisions of law has a right of maintenance, residence clothes and all necessities from the husband of the defendant and the defendants have a right to stay in the suit property. the ..... lying vacant. it is admitted that the relations between the parties were strained. it is stated that the relations between the parties were patched up when the defendants entered the suit property, collusion between the defendants and police is denied. the defendants have legal right to stay in the property. the ..... been residing in kingsway camp for last fourteen years and there is no reconciliation between the parties. it is alleged that on 18.3.1979 when the plaintiff went to his property in suit along with the prospective tenant, he found the lock of the property and the defendant stealthily entered .....Tag this Judgment!
Court : Delhi
Reported in : 158(2009)DLT136
..... cruelty has been defined. one such provision is explanation attached to section 498a ipc, section 41 of the children act, 1960, section 2 of dissolution of muslim marriages act, 1935, section 10 of divorce (amendment) act, 2001, section 18 of hindu adoptions and maintenance act, 1956, section 27 of special marriage act, 1954 and illustrations annexed to explanation 2 of section 14 of evidence act, 1872.44. the next contention of learned counsel for the ..... petition filed is legally not maintainable since the same is not in accordance with the rules framed under the act.8. it is also stated that the petition is not maintainable under section 23 of the act as respondent never filed petition immediately when as alleged the appellant has treated him with cruelty.9. on merits, the factum of marriage has ..... not establish actual instances of physical abuse.58. in dr. n.g. dastane v. s. dastane, (supra), the apex court has observed as under;.whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for him to live ..... without any distraction and disturbance. respondent refused to pay any heed to her request. ultimately, respondent did make arrangement for vertika to go to respondent's brother house when sandeep, vertika's cousin came to pick her up. the appellant never differentiated between them and her children and rather showed more love and affection towards them and pampered .....Tag this Judgment!
Court : Delhi
Reported in : 148(2008)DLT650
..... amount of maintenance to be awarded to a wife, children is to be based on various factors which ..... are detailed in para 23(2) and (3) of the said act. according to the learned counsel for the defendants since the plaint ..... the prayer regarding claim of maintenance of rs.1.5 lakhs from the defendants which was left inadvertently by them though various paras show that the plaintiffs have pleaded material facts seeking claim of maintenance from the defendant no. 1.15. the learned counsel for the defendants have also relied on section 23 of the hindu adoption and maintenance act, 1956 to contend that the ..... 6 rule 17 of the code of civil procedure.2. the plaintiffs/applicants contend that they have filed a suit for permanent injunction and maintenance against the defendants under sections 18, 20 and 23 of hindu adoption and maintenance act.3. according to the plaintiffs the defendant no. 1 has filed his written statement and has categorically admitted his obligation to maintain the .....Tag this Judgment!
Court : Delhi
Reported in : 2003IAD(Delhi)829; 102(2003)DLT864; 2003(66)DRJ664
..... . learned counsel for the appellants at this stage submits that the execution of the proceedings may be stayed till the appellants file petition under section 18 of the hindu adoption and maintenance act (in short 'the act'). in view of the peculiar circumstances of the case, i think that this court should accept this prayer and should give the appellants two months' time to move appropriate ..... the expiry of limitation can constitute sufficient cause though there might be events or circumstances subsequent to the expiry of limitation which may further delay the filing of the appeal when the limitation has arisen. 6. on the other hand the appellant relies on puran singh vs . jagtar singh . a learned single judge of that court took the view that no ..... file an appeal though this is an enabling provision. it is submitted that this enabling provision does not override the right of a party to prefer an appeal as and when decree is drawn up. it is contended that this has to be seen in the light of the legal provision enunciated in jyotsna holding pvt. ltd. vs . union of india ..... , 2001 after one month and five days of above application the petitioner filed the present appeal immediately after obtaining the summons of the executing court on 3rd september, 2001 and when there application for preparing decree sheet before the adj was dismissed on 28th september, 2001. on 5th november, 2001 the decree sheet was prepared but the petitioner had not obtained .....Tag this Judgment!
Court : Delhi
Reported in : 160(2009)DLT401
..... sanjay kishan kaul, j.1. the respondent / wife filed a suit under section 18, 23 and 28 of the hindu adoption and maintenance act, 1956 against the appellant / husband seeking grant of maintenance at the rate of rs. 50,000/- per month with the declaration to have a right of residence in her matrimonial ..... the pleadings and considered the submissions of the parties. at this interim stage, there are only two aspects, which require consideration:(i) the extent of maintenance, which should be paid to the respondent to maintain her lifestyle in the manner she has been used to; and(ii) the nature of protection ..... 22,500/- per month of the respondent, the appellant was directed to pay a further sum of rs. 22,500/- per month as interim maintenance. a further direction was issued restraining the appellant from alienating or selling off his portion of the suit property though the order would not stand in ..... as, 'the suit property' ) as also for restraining the appellant from dispossessing her from the said premises. the respondent also filed an application for interim maintenance of rs. 30,000/- per month as well as for interim relief in respect of the suit property. the suit and the interim applications were contested ..... living in a particular property and the same cannot become a clog on the property denying the right of the appellant to deal with the property when he is willing to provide an alternative matrimonial home. it has to be appreciated that the claim of the respondent is not to any title .....Tag this Judgment!
Court : Delhi
Reported in : 111(2004)DLT545; 2004(77)DRJ382
..... interim maintenance. on 3rd october, 1997, interim maintenance at the rate of rs.3500/- per month was awarded by the additional ..... contention of the husband that this sum was paid towards maintenance/settlement, but the wife contends that this was towards repayment of a loan. on 31st may, 1996, a suit for maintenance was filed under section 18 of the hindu adoption & maintenance act (hereinafter referred to as `the h.a. & m. act`) which was accompanied by an application for grant of ..... order dated 3.10.1997. an application was filed by the wife in the divorce petition invoking section 24 of the hindu marriage act (hm act) which came to be decided by the matrimonial court on 21.4.1999, fixing interim maintenance at the rate of rs.2500/- per month. this interim order was predicated on orders passed ..... between the spouses had started on 1st february, 1996 with the filing of a divorce petition by the husband, namely shri ajit arjani. it is not clear when the wife, namely, roma arjani, was served with the summons of the divorce petition, or the date on which she gained knowledge of that petition. in ..... interim orders are subject to final orders that may be passed.10. all the petitions are disposed of in the above terms.april 27, 2004 vikramajit sen, j. .....Tag this Judgment!
Court : Delhi
Reported in : 152(2008)DLT586
..... that the payment made by veena in the sum of rs. 23,000/- for taking the neglected child in adoption was violative of section 9(5) and section 17 of the hindu adoption and maintenance act, 1956 which prohibits any person from receiving any payment in consideration of adoption of any person or making or giving or agreeing to make or to give to any person, any payment or ..... and it is absolutely necessary to put an end to it by introducing adequate safeguards.13. referring to the provisions of section 41 of the jj act and rule 33(4) of ..... no. 925/2007 was registered and `s was medically examined. during the course of investigation one preeti wife of vinod was arrested. according to preeti, s had come to them when she was already pregnant. though s was not married she decided to retain the child with her whereas preeti and her husband wanted to sell the child. they contacted one ..... that there are instances where large amounts are demanded by so- called social or child welfare agencies or individuals in consideration of giving a child in adoption and often this is done under the label of maintenance charges and medical expenses supposed to have been incurred for the child. this is a pernicious practice which is really nothing short of trafficking in children .....Tag this Judgment!
Court : Delhi
Reported in : 2009ACJ630
..... essential. the respondent has not produced even an iota of evidence in this regard. section 11(6) of the hindu adoptions and maintenance act, 1956, runs as follows:(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned ..... fathom as to why the adoption deed was not signed by the adoptive father who has to play the main role in his adoption story. statement of santokh singh was further recorded on 6.10.2003. it is, thus, crystal clear that the only essential ingredient for proving the adoption does not stand proved. according to the hindu adoptions and maintenance act, 1956, giving and taking ceremony is ..... of jagdish prasad sharma and after a journey from delhi to nimiaghat, the deceased had a long driving which involved a lot of stress and strain. on 17.7.2002 when the vehicle reached near nimiaghat, district giridih, the deceased's position deteriorated and he parked his vehicle on a roadside hotel. all of a sudden he fainted. he was ..... to be established, inter alia, are:(1) stress and strain arising during the course of employment;(2) nature of employment; and(3) injury aggravated due to stress and strain.(27) the deceased was travelling in a vehicle. the same by itself cannot give rise to an inference that the job was strenuous.(28) only because a person dies of a .....Tag this Judgment!
Court : Delhi
Reported in : 6(1970)DLT73
..... and maintenance act (78 of 1956), which provides for the determination of adoptive mother in certain cases. according to this sub-section, where an adoption has been made with the consent of more than one wife, the seniormost in ..... when an adoption is made by one of several widows in pursuance of an authority left to her alone. in other cases, the legal postilion has been held to be unsettled. this paragraph, in my opinion, also lends support to the view taken by the lower appellate court in this case. .my attention has also been drawn to section 14(2) of the hindu adoption ..... affirmed. (9) on second appeal in this court, amar nath plaintiff-appellant's counsel shri a. c. hoshiarpuri has very strongly argued that when the plaintiff was adopted by gopala he must be deemed to be the son of both the wives of gopala who were alive at that time. he has read ..... taken me through the statement of public witness -2 shri sunder according to whom the plaintiff was eleven day's old when he was adopted and at that time smt. indri was sitting by the side of gopala and indeed she became amar nath's. mother after ..... name vidya. public witness -3 has also stated in cross expmination that at the time of rawn ceremony, gopala and smt indri were both sitting together when munshi placed amar nath in gopala's lap. according to public witness -4 as well, at ihe time cf havan, smt. indri was sitting be .....Tag this Judgment!
Court : Delhi
Reported in : AIR1970Delhi116
..... opens, are found entitled to succeed, unless they have lost their right in some other way. he has also relied on section 10 of the hindu adoptions and maintenance act of 1956, which lays down that no person shall be capable of being taken in adoption unless, inter alia, he or she had not been married and he or she has not completed the age of 15 ..... married man, with children, of 26 years of age. the impugned adoptions, thereforee, cannot be held to be invalid.7. turning now to the question of competency of the present suit, it is undoubtedly true that the proper person to object to an alienation is the nearest reversionary heir, but when he happens to be a minor or is shown that he ..... is in collusion with the alienor, or that he has refused without sufficient cause to institute proceedings, or has precluded himself by his own act or conduct from suing, or has concurred in the alienation or the ..... act alleged to be wrongful, the next reversioner is entitled to maintain the action. this broad rule is contained in paragraph 67 of rattigan's digest of customary law. but the occasion to refer to this broad rule contained in paragraph 67 arises only when the concurrence of the next reversioner in the alienation .....Tag this Judgment!