Court : Delhi
Decided on : Sep-20-2007
Reported in : AIR2008Delhi7; 148(2008)DLT522; I(2008)DMC529
..... observations contained in this very judgment encourage us to embark on the interpretation of section 18 of the act on the basis of the language used in the said provision:10. there is no inconsistency between section 125 of the code and the provisions in the hindu adoption and maintenance act, 1956 (in short the 'adoption act') 12. other judgments where such a view is taken also relate to the ..... respondent had pretended that he was a bachelor. the appellant, thereforee, had no knowledge that the respondent was already married. not only that, for a long period of 14 years when the parties lived as husband and wife in the matrimonial house at defense colony, the first wife had not surfaced nor was there any interference in the matrimonial life of ..... respondent has been convicted). she also filed a petition under sections 18 and 20 of the hindu adoption and maintenance act (in short the 'act') claiming recovery of maintenance and right of residence from the respondent. she claimed decree of maintenance at the rate of rs. 12,000/- per month plus rent of residence and also prayed for necessary charge on the matrimonial house a-447, defense colony for ..... appeal to the supreme court, this interim maintenance was enhanced to rs. 1,500/- per month with effect from may 2004 till the disposal of the suit, vide order dated 21.4.2004.4. on enhancement of the pecuniary jurisdiction of the district courts, the petition was transferred to the district court on 27.11.2003. the respondent did not file .....Tag this Judgment!
Court : Delhi
Decided on : Aug-27-2007
Reported in : AIR2008Delhi1; 148(2008)DLT685; 2007(97)DRJ668
..... , the respondent threw the appellant out of the matrimonial home and filed a petition for divorce. the appellant also filed petition under sections 18, 20 & 22 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as the 'act') for grant of separate residence and maintenance before the trial court being suit no. 3/96. 2. it was only during the course of the divorce proceedings that ..... 29.10.1984. the respondent married the appellant on 14.10.1988 i.e. almost four years after the respondent had taken divorce from his first wife. in these circumstances, when the respondent represented the appellant that he was a divorcee and divorce was granted four years ago, the appellant could legitimately presume that there was no legal impediment in getting ..... power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.(4) the magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction ..... the respondent resides.(5) the respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).(6) upon the failure on the part of the respondent to make payment .....Tag this Judgment!
Court : Delhi
Decided on : Dec-07-2007
Reported in : I(2008)DMC166; 2008(100)DRJ329
..... rs. 25,000/- p.m. w.e.f. 1st august, 2000 till the disposal of the suit filed under section 18 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as the act, for short).2. the parties got married on 14th october, 1996 and have a child. custody of the child is ..... 11. in this case the learned single judge has culled out eleven factors that should be taken into consideration for deciding an application under section 24 of the hindu marriage act, 1955 the same are:1. status of the parties.2. reasonable wants of the claimant.3. the independent income and property of ..... during the last 3-4 years and have considerable market value. in addition, the appellant had also sold some properties in the late 1990s, when again the property prices were reasonably high. the appellant is a man owing considerable wealth and assets thereforee it is natural to expect that he ..... estimating the income of the non-applicant when all sources or correct sources are not disclosed.10. the non-applicant to defray the cost of litigation.11. the amount awarded under section 125, cr.pc is adjustable against the amount awarded under section 24 of the act.12. the said judgment of the learned ..... of the act, the appellant has stated in reply to paragraph 14 of the petition under section 18 as under:she would take out money from the respondent's locker and give it to her parents without the respondent's consent. when the respondent learned thereabout and confronted her, she turned violent.18 .....Tag this Judgment!
Court : Delhi
Decided on : Feb-01-2007
Reported in : 137(2007)DLT411; I(2007)DMC483; 2007(94)DRJ487
..... it would amount to supplanting the commission over the courts. he submitted that the rights and obligations with regard to maintenance of the petitioner and the respondent no. 3 are governed by the hindu adoption and maintenance act, 1956 and, in case of emergent situations, under section 125 of the code of criminal procedure, 1973. he further submits that the respondent no. 3 has already filed an ..... application under section 125 of the code of criminal procedure, 1973 and the same is pending before the metropolitan magistrate, rohini courts ..... , both civil and criminal. the rights and obligations in respect of maintenance pertaining to parties, who are hindus, are to be determined under the hindu maintenance and adoption act, 1956. such matters are to be adjudicated by a civil court. recognizing the fact that such an adjudication may take some time, the legislature has enacted section 125 of the code of criminal procedure, 1973 to provide immediate .....Tag this Judgment!
Court : Delhi
Decided on : May-25-2007
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
Decided on : May-18-2007
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
Decided on : Aug-23-2007
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!
Court : Delhi
Decided on : Nov-20-2007
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
Decided on : May-23-2007
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
Decided on : Jul-02-2007
Reported in : 2007(96)DRJ697
..... never lodged any complaint to the effect that she was thrown out of the house. she had also not filed any application under section 18 of the adoption and maintenance act. further her allegations in the complaint that she was driven out of the matrimonial home were contrary to her statement recorded under order ..... , with the intention of throwing out the plaintiff on the streets. the plaintiff had to call the police for intervention but the chowki in-charge of amar colony did not help. the plaintiff then called the ngo jagori to ensure her safety apprehending that there may be attempts on the ..... thinking that her life of devotion would help the defendant no. 1 to overcome his habits. he is also convicted of murder (section 302 ipc and section 27 of the arms act). his appeal against the said conviction is pending in this court. he is presently on bail. it is also the allegation ..... an 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, ..... to observe that though the petitioner no. i may not have a legal duty, nevertheless he had a moral duty as head of a hindu family to provide maintenance and support to the respondent/daughter-in-law. reference may be made in this connection to the observations made in the judgment of mehmood .....Tag this Judgment!