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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 9 of about 303 results (0.100 seconds)

Apr 08 2011 (HC)

Smt. KavitA. Vs. Shri Rakesh Raman.

Court : Delhi

..... finding of the court in the hindu adoption & maintenance case has a binding effect in terms of section 11 of cp.c and such an observation in the judgment in a case between the parties is also a relevant fact under section 6 & 13 of the indian evidence act. counsel for the appellant in this ..... paragraph-22 of the impugned judgment by taking a view that the allegations leveled by the appellant in the petition filed under section 18 of the hindu adoption and maintenance act attributing illicit relationship of the respondent with a concubine named pinki resulted in causing cruelty to the appellant in the absence of ..... court is erroneous and cannot be endorsed with. while considering the accusations, regard must be had to the context in which they are made. when there was demand of dowry and ill- treatment, on that account necessarily respondent has to lodge a complaint. if that is to be taken ..... by the appellant was diagnosed as a 'blunt injury' upon the abdomen. the learned metropolitan magistrate, however, directed framing of charges against the accused persons only under sections 323/34 ipc after finding that the nature of injury opined by the doctor was simple and the weapon used by the accused ..... court in section 18 proceedings. the argument of learned counsel for the appellant that the learned trial court ought to have strike off the defence of the respondent due to the non- payment of the amount of interim maintenance will thus not sustain in the light of the above discussion.27. thus .....

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Jul 01 2019 (HC)

J K vs.n S

Court : Delhi

..... when he came home on one occasion, he threatened her that he would take the children away and teach her a lesson, instead of spending time with the children.10. in november 2016, the appellant sent a legal notice to the respondent seeking maintenance under section 125 cr.p.c. read with section 18(1)(b) of hindu adoption and maintenance act, 1956 ..... custody and welfare of the children could not have been used by the family court in a substantive petition filed by the appellant under the guardianship act.27. ms. rajkotia has strongly urged that the appellant has claimed custody based upon the legal doctrines of tender years and matrimonial mat.app.(fc).244 ..... no.1 framed by the family court in this regard as under: 1. whether petitioner is entitled to permanent and sole custody of daughter ishnoor dob:27. 08.2012 and son paramvir singh (dob:12. 09.2016) ?. opp95 since we are not divesting the appellant from the custody of the children and ..... by the family court that there is any harm being caused to the children in the custody of the appellant. mat.app.(fc).244/2018 page 27 of 70 45. learned counsel submits that till date, the respondent has not resorted to any substantial remedy to seek sole custody of the children. ..... she requested her mother to fly to usa to assist her during the advanced stage of pregnancy. in these circumstances a baby girl was born on 27. 08.2012 in usa and thus, she is an american citizen by birth. the mother of the appellant looked after the infant for six months .....

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Jan 14 2015 (HC)

Kusum Sharma Vs. Mahinder Kumar Sharma

Court : Delhi

..... would be defeated. 19.20 the aforesaid procedure be followed in all cases relating to maintenance including cases under hindu marriage act, 1955, protection of women from domestic violence act, 2005, hindu adoption and maintenance act, 1956, special marriage act, 1954 indian divorce act, 1869 as well as section 125 cr.p.c. 19.21 it is clarified that the directions contained in the ..... (ix) contribution to ppf, epf, approved superannuation fund. (x) mobile/landline phone bills. (xi) club subscription and usage, subscription to news papers, periodicals, magazines, etc. (xii) internet charges/cable charges. (xiii) household expenses including kitchen, clothing, etc. (xiv) salary of servants, gardener, watchmen, etc. (xv) medical/hospitalization expenses. (xvi) legal/litigation expenses. (xvii) expenditure on dependent ..... have to seriously engage themselves in the journey of discovering the truth. that is their mandate, obligation and bounden duty. justice system will acquire credibility only when people will be convinced that justice is based on the foundation of the truth. xxx xxx xxx 35. what people expect is that the court should ..... and expenditure of the parties are necessary to be determined not only to fix the maintenance under section 24 but also to determine the permanent alimony under section 25 of the hindu marriage act and right to the joint properties under section 27 of the hindu marriage act. it is therefore necessary to formulate a format of the affidavit of assets, income .....

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Feb 05 2013 (HC)

Mr. Barun Kumar Nahar Vs. Parul Nahar and anr.

Court : Delhi

..... of her husbands parents without their wishes and caprice. law permits a married woman to claim maintenance against her in-laws only in a situation covered under section 19 of the hindu adoption and maintenance act, 1956. i.e. after the death of the husband and that too when she is unable to maintain herself out of her own earnings etc. it would not be ..... woman in india, be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 or the code criminal procedure, 1973 maintenance including residence for confer any right of the married woman as against the parents of the husband. to illustrate, sections 24 and 25 of the hindu marriage act, 1955 provides for the wifes right ..... family of which the husband is a member within the meaning of section 2(s) of the said act. section 18 of the hindu adoption and maintenance act, 1956 enumerates the right of a hindu wife to be maintained by her husband during her life time. section 125 of the criminal procedure code, 1973 provides for monthly maintenance to wife, irrespective of her religion, if she has no source ..... has her rights of maintenance against her husband or sons/daughters. she can assert her rights, if any, against the property of her husband, but she cannot thrust herself against the parents of her husband, nor can claim a right to live in the house of parents of her husband, against their consult and wishes.27. in yet another .....

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Jul 07 2014 (HC)

Smt. Darshan Vs. Shri Raj Kumar and Others

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play ..... herein (petitioner in trial court or other sons who support the will) inasmuch as sh. raj kumar/petitioner/respondent no.1 in his cross-examination dated 27.10.1999 admitted that he had never seen his father writing and reading and that he cannot recognize all the signatures of sh. amolak ram as he .....

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May 31 2018 (HC)

Reema Salkan vs.sumer Singh Salkan

Court : Delhi

..... speedy remedy. this remedy is irrespective of other remedies of such neglected wife, children and parents under any other statutes such as section 20 of the hindu adoption & maintenance act, 1956, sec. 20 (d) of the protection of women from domestic violence act, 2005 and any other statute. subject to the outcome of ultimate determination by the civil court to which the parties belong i. ..... coming forward to provide the minimum sustenance to strengthen their relationship of husband and wife chose not to come back in india till 27.01.2011 in present proceedings, however, he has been participating in the maintenance petition since 18.03.2004 onwards. non-providing of sustenance amount for the period of more than seven years ipso facto indicates the ..... about this fact prior to marriage. the petitioner was very casual about the same and retorted that allergies were not uncommon and therefore, were not worth mentioning. thereafter, when the respondent escorted the petitioner where the reception had been organised by his parents, he got another surprise, he came to know that the respondent was using spectacles and ..... hereunder for ready reference: for sh. anand maheshwari. proxy counsel sh. puneet maheshwari for a pass over sought. be awaited. file taken up again at 1:05 p.m. "27. 10.2005 present:... petitioner with counsel. proxy counsel sh. praveen kumar for respondent. present:... petitioner with counsel. respondent, proxy counsel sh. maheshwari states that main counsel is not available .....

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Sep 19 2018 (HC)

Jayanti Prasad Gautam vs.pragya Gautam

Court : Delhi

..... del 210 holding that against orders under sections 24 to 27 of the hindu marriage act, 1955, appeal lies under section 19(6) of the family courts act, cm(m) 140/2018 page 1 of 6 1984. on parity, an appeal would lie under section 19(6) of the family courts act against an order of maintenance under the hindu adoption and maintenance act, 1956 also. however since neither counsel is aware ..... custody, maintenance, education of minor children .. . when an order fixing maintenance of minor children in exercise of powers under cm(m) 140/2018 page 4 of 6 section 26 of the marriage act has been made appealable under section 19(1) of the family court act, there is no reason to hold that an order of interim maintenance of children under section 20 of the hindu adoption and maintenance act is ..... khimji vs. jayaben d. kania (1981) 4 scc8 even an interlocutory order could be called a judgment when it has the quality of attaching finality to it; (xv) though the order determining maintenance under section 24 of the hindu marriage act is of interim maintenance but the proceedings are final in nature, till the decision of the main matter; these are thus, proceedings ..... per month to the respondent who is the daughter of the petitioner, against the petitioner. this petition came up first before this court on 6th 2. february, 2018 when notice thereof was ordered to be issued and the operation of the impugned order stayed. the respondent has filed a reply to the petition to which rejoinder has been filed .....

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Jan 08 2019 (HC)

Aishani Chandna Mehra vs.rajesh Chandna & Ors

Court : Delhi

..... the plaintiff is null and void ab-initio being contrary to the provisions and essential conditions of adoption as cs(os) 235/2018 page 1 of 17 prescribed in section 11 of the hindu adoptions and maintenance act, 1956 because sunil mehra, prior to the adoption of plaintiff, already had a hindu daughter namely shraddha mehra, aged 20 years out of his earlier marriage.2. the suit was ..... for declaration as void of the adoption and for cancellation of the adoption deed vis- -vis the plaintiff. however, if such a suit were to be filed, it would have to satisfy the conditions as to limitation.27. when section 12 of the act provides the effect of adoption, it provides so on the premise of adoption being valid. an adoption which is contrary to provisions of ..... the act, per section 5(1) is void and per section 5(2) neither creates any rights nor destroys any rights. section 12 cannot be read as providing otherwise. section 15 also prohibits cancellation by ..... suit envisaged in article 57 is a suit under section 34 of the specific relief act; (iii) for article 57 to apply, the suit must be in truth and substance, one for a cs(os) 235/2018 page 12 of 17 declaration that an adoption is invalid; however, when the plaintiff does not admit adoption, the question of the plaintiff seeking a declaration that .....

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May 28 2015 (HC)

Naveen Nangia Vs. Chitra Gauba Nangia

Court : Delhi

..... when he attained the age of majority.6. section 26 of the hma empowers the court to make provisions for maintenance of only minor children and therefore to grant maintenance in favour of the adult child would be beyond the scope of sections 24 and 26 of the hindu marriage act, 1955. proper legal course in such a situation would be to seek maintenance under section 20 of the hindu adoption and maintenance act, 1956 ..... support the case of the respondent as the hon ble bombay high court in this case had held that the major child would get maintenance under section 20 of the hindu adoption and maintenance act, 1956 and not under section 26 of the hma. the relevant paras of which are: in view of this, this court is of the opinion that since the father i.e. ..... and not under section 24 and 26 of the hma (ref: katarchand dalliram jain v. smt. taravati ..... challenge in the present appeal is to the order dated 27.09.2013, passed by the learned family court, saket, new delhi whereby the learned family court has disposed of two applications preferred by the respondents, i.e., one under section 24 and the other under section 26 of the hindu marriage act, 1955.2. while addressing arguments in support of the .....

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May 16 1967 (HC)

Ashok Ratti Lal Trivedi Vs. Anjani Madhusudan Oza

Court : Delhi

Reported in : 4(1968)DLT235

..... whether the plaintiff- wife in that case was entitled to maintenance from the husband. since an argument was put forward before the learned judges with reference to sections 5(1), ii and 25 of the hindu marriage act and section 18(1) of the hindu adoptions and maintenance act that although a woman may nto be a wife in the ..... arthur malcolm. lloyd v. kathleen lloyd. thus at the time when the hindu marriage act, 1^55, was passed the position with regard to the law in england and under the indian divorce act was that an order for payment of permanent alimony and maintenance could be made even in cases for nullity of marriage and ..... the decree the man and the woman lose the status of husband and wife, and since an order for permanent alimony and maintenance can be passed only at the time when a decree of nullity is passed or subsequent thereto, it cannto be stated that such an order is passed only by virtue ..... the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. (2) if the court is satisfied that there is a change in the circumstances of either party at any ..... whether he was entitled to the bequest. the contention was at even though the daughter married defendant, the marriage was dissolved and consequently at the time when the daughter died the defendant was nto her husband and consequently he was nto entitled to the bequest. this contention was negatived by fry j. who .....

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