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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: delhi Page 7 of about 303 results (0.097 seconds)

Nov 15 1983 (HC)

Harvinder Kaur Vs. Harmander Singh Choudhry

Court : Delhi

Reported in : AIR1984Delhi66; ILR1984Delhi546; 1984RLR187

..... of irretrievable breakdown is also the basis of sub-section (iii) of section 13. that sub-section says :' '(iii) that in a suit under section 18 of the hindu adoptions and maintenance. act, 1956, or in a proceeding under section 125 of the code of criminal procedure, 1973 (or under the corresponding section 488 of the code of criminal procedure, 1898 ..... a contract of a permanent nature, in the intention of the parties. marriage is a contract of the greatest importance in civil institutions, and it is charged with a vast variety of rights and obligations. right.of property are attached to it. the essence of matrimony, is consent. (linda v. belisario ( ..... decree governed by principles of equity. justice, and food conscience. (kondal v. ranganavaki air 1924 mad. 49) (27).(45) fifthly, attorney general argued, that the constitutional lity of section 9 has to be adjudged 'by the generlity of cases it covers, and not by the freaks and exceptions it martyrs ..... not every casual commerce. a mere ..casual commerce, without the intention of cohabitation, and bringing up of children, would not constitute .marriage. but when two parties agree to have that commerce for the procreation and bringing up of the children, and for such lasting cohabitation that would be a marriage ..... to prove that the plot was really allotted on 9-2-1979, as is the wife's case. on a draw of lots on 27-11-77 she became entitled to a plot of land. no record has been produced either of the draw of lots or of allotment or .....

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Nov 28 1984 (HC)

Suraj Mal and ors. Vs. Babu Lal and anr.

Court : Delhi

Reported in : AIR1985Delhi95; ILR1985Delhi508

..... hindus and have followed substantially the broad features of hindu law. they do not cease to be-governed by hindu law, by lapses from orthodox hindu practice or by deviation or dissent from orthodox hindu doctrines.it is now settled law that in matters of adoption, (prior to the enactinent of hindu adoption and maintenance act) they were governed by hindu law except to the extent it is varied by ..... provisions contained in section 14 of the hindu succession act, 1956 would apply to property possessed by a hindu female and to which she had some kind of title, however restricted the nature of her interest may be. this section would have no application to a case where a widow had no right whatsoever in the properties and had only a right of maintenance. cross-objections, thereforee ..... terms she will have the right to repudiate the adoptiondeed. however, no such term was incorporated. when she came to know of this fact she tore away the deed. she asserted that the adoption could be made in law. babu lal averred that he was validly adopted by tara bai. disputesraised in this case were however not decided because on the request of ..... mal had sold one property in 1951 and kept the sale proceeds with him,does this conduct amount to adverse possession? in our opinion, answer must be in the negative.(27) the expression 'adverse possession' means a hostilepossession, that is, the possession which is in denial of the title of the true owner. it must be adequate in continuity, in publicity .....

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May 20 1988 (HC)

Pradeep Kumar Kapoor Vs. Sbailja Kapoor

Court : Delhi

Reported in : AIR1989Delhi10; 1988(15)DRJ375; 1988RLR428

..... money. for example, 'he is too poor to maintain his family'. it may be useful at this stage to refer to the definition of 'maintenance' as given in the hindu adoptions and maintenance act, 1956 (for short 'the act of 1956'). under section 3 of that act, 'maintenance' includes-(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment ; (ii) in the case of an unmarried ..... daughter also the reasonable expenses of and incident to her marriage. i would, thereforee, think that when we talk of maintenance and support, the definition of 'maintenance' as given in the act ..... of 1956 should be adopted. section 18 of the act of 1956 also refers to maintenance of wife and gives the circumstances under which a hindu wife is entitled to live separately from her husband without forfeiting her claim to .....

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Jun 01 2001 (HC)

Tilak Kumari and anr. Vs. Sh. Anand

Court : Delhi

Reported in : 2001(59)DRJ580

..... to be read in conjunction with one another and interpreted accordingly. we can, thereforee go to hindu adoptions 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) in all cases, provisions for food, clothing residence, education and medical attendance and treatment; (ii)in the case of an unmarried daughter also the reasonable ..... recent judgment in the case of padmja sharma vs . ratan lal sharma : [2000]2scr621 also become relevant:'maintenance has not been defined in the act or between the parties whose duty it is to maintain the children. hindu marriage act, 1955, hindu minority and guardianship act, 1956, hindu adoptions and maintenance act, 1956 and hindu succession act, 1956 constitute a law in a coded form for the hindus. unless there is anything repugnant to the ..... petitioner no.2 is studying in apex public school, sant nagar, burari, delhi. the monthly fee of the petitioner no.2 including day boarding charges rs.1,700/-. apart from that the petitioners have to pay rental charges, expenditure on school uniform, books and other miscellaneous expenses as the petitioner no.2 has to study in the school till about 5.30 .....

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Sep 05 2016 (HC)

Rupali Gupta Vs. Rajat Gupta

Court : Delhi

..... to be read in conjunction with one another and interpreted accordingly. we can, therefore go to hindu adoptions 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) in all cases, provisions for food, clothing residence, education and medical attendance and treatment; (ii) in the case of ..... . the relevant discussion appears in para no.10 which is extracted hereunder:- 10. maintenance has not been defined in the act or between the parents whose duty it is to maintain the children. hindu marriage act, 1955, hindu minority and guardanship act, 1956, hindu adoptions and maintenance act, 1956 and hindu succession act, 1956 constitute a law in a coded form for the hindus. unless there is anything ..... be maintained by his parents like his sister (applicant herein). it is beyond comprehension as to why his father gifted him a laptop in the year 2011 when he is not working and obviously is a burden on his family. in such circumstances, it would have been extremely difficult for the father of the applicant ..... her husband which includes house rent, household expenses, miscellaneous expenses as well tuition fees and transport charges but without disclosing her own assets and income truthfully. 7. section 24 of the hindu marriage act makes a provision for award of interim maintenance to a spouse who has no independent income sufficient to support her and fight the legal battle. .....

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Mar 11 1999 (HC)

Priyanka Bhatia Vs. Govt. of Nct of Delhi and Others

Court : Delhi

Reported in : 1999IIIAD(Delhi)117; 1999CriLJ2188; 1999(50)DRJ112; ILR1999Delhi203

..... be presumed that ceremonial gift of the daughter akansha has not yet been performed.31. learned counsel for respondent no. 3 relied on the legal presumption enacted in section 16 of the hindu adoptions and maintenance act, 1956 and in support cited some rulings as well. there is no dispute to such legal presumption but the fact remains that the presumption is not absolute but is ..... counsel for the respondents that this court has no territorial jurisdiction to entertain this petition. the minor daughters were in delhi in the custody of respondents no. 3 and 4 when this petition was moved. thus this court had jurisdiction to entertain this petition. regarding the already pending petition in rajasthan high court the petitioner had undertaken in this petition that ..... and his minor daughters does not inspire confidence.26. thereforee, the version of respondent no. 2 that akansha was given in adoption to respondent no. 3 and physical giving and taking ceremony also took place has to be scrutinised with caution.27. on perusal of the complaint dated 6.10.1998 allegedly made by the petitioner to sho, lajpat nagar (annexure p ..... and had just completed her 10th class and was prosecuting further studies. out of the marriage, there are two female issues, namely, akansha and jayanti. akansha was born on may 27, 1995 and jayanti was born on july 1, 1996. respondent no. 2 is preventive officer in the customs department of government of india. the petitioner and her husband, respondent no .....

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Feb 28 1989 (HC)

Vijaylaxmi Vs. Manjit Singh Bhalla

Court : Delhi

Reported in : 1989(16)DRJ367; 1989RLR248

..... in the present case wife was entitled to be maintained by the husband who was as well bound to maintain the child ; (see sections 18 and 20 of the hindu adoptions and maintenance act, 1956). (9) the petitioner has brought on record certain instructions and forms relating to grant of afdc. these pertain to the state of california ..... petition. she seeks revision of the order dated 30/11/1985 of the additional district judge, delhi, dismissing her application filed under section 24 of the hindu marriage act, 1955 (for short 'the act'). this application the wife filed in a proceeding for dissolution of marriage filed by her husband (respondent now before me) on ..... .00 per month, was living with his parents in their house and had no liability. she, thereforee, claimed rs. 1,500.00 per month as maintenance charges for her and for the child. she further claimed rs. 3,500.00 towards litigation expenses and another sum of rs. 14,000.00 to enable ..... arises in this petition is whether the court could have taken into consideration the social security benefit enjoyed by the wife in the u.s.a. when determining maintenance pendente lite and expenses of the proceedings. in india there is no such system for grant of social security benefit by the state. in u. ..... one and a half month's stay in india the wife left for the u.s.a. she gave birth to a child, a daughter, on 27/8/1983 there. the petition for dissolution of marriage was filed by the husband in the court of the district judge, delhi, on 15/5/1984 .....

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Mar 30 2012 (HC)

Teesta Chattoraj Vs. Union of India

Court : Delhi

..... found on scrutiny that the petitioners biological fathers name, as per her birth certificate, had not been mentioned in the passport application form, and the adoption deed was not in accordance with the hindu adoption and maintenance act, 1956 (hama). 5. the gist of the communication dated 04.04.2011 issued by the rpo reads as follows: on scrutiny of file, it is seen that ..... maroti vitthal bhatwalkar and anr. v. mahila vikas mandal, chandrapur, 2007 (2) air bom r 44, to submit that even when the biological parents are alive, the court could allow the application of the strangers to take the child in adoption in the interest and welfare of the child. 13. on the other hand, learned counsel for the respondent submits that the ..... form. 2. the petitioner was born on 15.11.1995 at kolkata. her natural parents are sh. abhijit ghosh and smt. rajeshwari ghosh, who is now known as rajehswari chattoraj. when the petitioner was only about two years old, the natural parents of the petitioner obtained decree of divorce by mutual consent. so far as the petitioner is concerned, the terms ..... of his/her natural parents and cannot choose to provide the name of the adopted parent(s) in his/her application form. 27. i now proceed to consider the submissions of learned counsel for the petitioner that the petitioners adoption deed in favour of shri surojit chattoraj is valid. sections 9(1) and 9(2) of the hama are relevant and reads as .....

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Jan 15 1981 (HC)

Yogeshwar Prasad Vs. Jyoti Rani Prasad

Court : Delhi

Reported in : AIR1981Delhi99; ILR1981Delhi359

..... of conjugal ' rights, judicial separation, dissolution and annulment. section 24 applies only when the main petition is pending. the incidental and ancillary provisions in section 25 had to be made because if this were not done, then no maintenance could be claimed except whatever could be claimed under section 125 criminal procedure code . and section 18 of the hindu adoption and maintenance act, 1956. it is thereforee urged that there is a compelling ..... reason for interpreting 'husband and wife' in section 25 so ..... as to include ex- spouses but there is no such compulsion in respect of section 24. if the legislature wanted to .....

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Feb 05 1979 (HC)

N.D. Gaddireddi Vs. State

Court : Delhi

Reported in : 1979CriLJ1107; ILR1979Delhi229

..... -section (3) of section 85 provides for the release of property on proof by the proclaimed offender to the satisfaction of the ..... thereforee, cannot be said to have an interest in the property in regard to their claim of maintenance against dr. reddi. that being so, reliance sought to be placed by the learned counsel for the petitioner on section 28 of hindu adoptions and maintenance act is misconceived. (16) section 85 of the code prescribes the procedure regarding the release, sale and restoration of attached property. sub ..... further wrong for the court to hold that the. petitioner and her minor children have no right of maintenance from the property in question. (7) the grounds sought to be urged challenging the correctness of the impugned order are wholly misconceived. according to sub-section (1) of secdon 82 of the code, if any court has reason to believe (whethere after ..... to her husband dr. g. j. reddi, attached in pursuance of the provisions of section 83 of the code. (2) facts relevant disposal of this revision petition are as follows. a case under section 3, 5, 6 and 9 of the official secret, act read with section 120b of the indian penal code, was registered at police station sriniwaspuri, vide f.i. .....

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