Court : Delhi
Decided on : Apr-04-2018
..... her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956. she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchasers for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... s case (supra) had a pre-existing right to maintenance under the hindu adoptions and maintenance act when the property was given to her for maintenance. i would like to note that the provision of hindu adoptions and maintenance act which is not stated in para 29 is the provision of section 18 of the hindu adoptions and maintenance act which gives right to the wife for maintenance from the property of her husband. second line of ..... those who take the estate. it is seen that neither section 18 relating to a wife nor section 21 dealing with a widow, provides for any charge for the maintenance on the property of the husband. to the contrary, section 27 specifies that a dependant's claim for maintenance under that act, shall not be a charge on the estate of the deceased unless one would have been created .....Tag this Judgment!
Court : Delhi
Decided on : Dec-03-2018
..... in cont.cas321/2015 page 7 of 18 3. ham no.2/2012 under section 18 of the hindu adoption and maintenance act, 1956 3.1. on 24th january, 2013, both the parties recorded their joint statement before the family court, rohini in ham no.02/2012 under section 18 of the hindu adoptions and maintenance act, 1956 which was disposed of as compromised. 3.2. the joint statement is reproduced hereunder ..... and the orders dated 17th october, 2011, 24th january, 2013 and 07th february, 2013 of the family court. rev.pet.263/2016 in cont.cas321/2015 page 17 of 18 27. the reply to the show cause notice be filed within one week. rejoinder within one week thereafter.28. the respondent s prayer for discharge of the undertaking and for restoration ..... .263/2016 in cont.cas321/2015 page 16 of 18 statement and orders of the family court and stayed maintenance proceedings under section 125 cr.p.c. cm no.15608/2015 was being heard by this court on 01st and 02nd march, 2016 when the respondent chose to give the undertaking.24. there is no merit in the averments made by the respondent ..... the contempt petition was heard on 01st march, 2016 when this court observed that the respondent was prima facie guilty of contempt. according to the petitioner, this court observed that if the respondent was ultimately held guilty of contempt, the respondent would suffer consequences of contempt apart from dismissal of the maintenance application whereupon the respondent sought time to think over. on .....Tag this Judgment!
Court : Delhi
Decided on : May-31-2018
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : Sep-19-2018
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : Jan-23-2018
..... alienating the property bearing no.l-1/4, hauz khas, new delhi- 110016. direct the defendant to pay litigation expenses. to declare that the court fee under section 18, 20 and 23 of the hindu adoption & maintenance act, 1956 is payable after the decree has been passed as it works to the disadvantage of plaintiff. costs of the suit be also awarded to the plaintiff. any ..... a suit or proceeding over which the family court has exclusive jurisdiction. the reliefs claimed in this suit are of maintenance and residence only. it is settled position in law (see sections 3(b), 20 & 23 of the hindu adoptions & maintenance act, 1956, state of haryana vs. santra (2000) 5 scc182 padmja sharma vs. ratan lal sharma (2000) 4 scc266 b.p. achala anand vs. s. appi ..... family court. cs(os) 411/2010 page 4 of 9 9. the counsel for the plaintiff contends that i have in manita khurana vs. indra khurana air2010delhi 69, held that when a third party to a marriage has an interest in the suit and is a party thereto, the suit is not liable to be transferred to the family court. it ..... (os) 411/2010 page 8 of 9 26. the files of the suit be forthwith transferred to the court of principal judge, family court, district-south, saket courts, new delhi.27. the parties to appear before the court of principal judge, family court, district-south, saket courts, new delhi on 8th march, 2018. rajiv sahai endlaw, j.january23 2018 bs? cs .....Tag this Judgment!
Court : Delhi
Decided on : May-15-2018
..... for a consolidated amount towards permanent alimony and thereby giving up any future claim for maintenance, once accepted by the court in proceedings under section 125 of the cr.pc, would preclude a wife from claiming maintenance in a suit filed under section 18 of the hindu adoption and maintenance act, 1956. describing section 125 of the cr.pc as a piece of social legislation that provides for summary and ..... void since the object is unlawful, the supreme court declared that any order passed under section 125 cr.pc by compromise or otherwise, cannot foreclose the remedy available to the wife under section 18(2) of the hindu adoption and maintenance act, 1956.58. insofar as waiver of the waiting period prescribed in section 13b(2) is concerned, in the recent judgment delivered by the supreme court in ..... the order of the court must be of such a nature which is capable of execution by the person charged in normal circumstances. it should not require any extra ordinary effort nor should be dependent, either wholly or in part, upon any act or omission of a third party for its compliance. this has to be judged having regard to the facts ..... divorce what is significant in this provision is that there should also be mutual consent when they move the court with a request to pass a decree of divorce. secondly, the court shall be satisfied reference in cont.cas(c) 772/2013 and connected matters page 27 of 64 about the bonafides and the consent of the parties. if there is no .....Tag this Judgment!
Court : Delhi
Decided on : Sep-20-2018
..... the hindu adoption and maintenance act, 1956. her right to claim maintenance fructifies on the date of the filing of the petition for divorce under the act. having thus fixed the date as the filing of the petition for divorce it is not always that the court has to grant the maintenance from that date. the court has discretion in the matter as from which date maintenance under section 24 ..... , by overlooking the settled position of law that maintenance has to be granted from the date of the application unless, the appellant / petitioner was found to be working / earning at the relevant time. according to him, the impugned order dated february 27, 2017 is erroneous as the court had dismissed cm. no.36960/2016 when the same had already been considered and an ..... date of hearing, i.e., on may 2, 2016.2. on may 2, 2016, this court had passed a detail order, paras 3 to 5 whereof reads as under: it is trite that orders of maintenance are normally 3. passed w.e ..... appellant / petitioner that the appeal was filed both, on the quantum of maintenance awarded and also challenging the decision to grant maintenance from the date of passing of the order instead of the date of moving the application. the appeal was taken up for the first time on april 27, 2016 when this court had directed the respondent to remain present on the next .....Tag this Judgment!
Court : Delhi
Decided on : Sep-24-2018
..... cr. p.c. by a compromise could not crl.rev.p.172/2015 page 8 of 9 foreclose the remedy of the wife under section 18(2) of hindu adoption & maintenance act. waiver or surrender of right under section 127(3) (c) was not in consideration in the said case.20. judgment in the case of maria abhishegam vs. joyce ebeneezer & anr. 2005 crl. l.j ..... (14) scc452relied on by the learned counsel for the petitioner is once again not applicable in the present case, in as much as, the same was in the context of hindu adoption & maintenance act. it has been held that proceedings under section 125 cr. p.c. being summary in nature and intended to provide a speedy remedy to wife, any order passed under ..... on 02.01.1993. the crl.rev.p.172/2015 page 1 of 9 mehar amount fixed for the marriage was rs. 2 lakhs.3. it is contended that on 27.06.2001, parties were divorced in accordance with muslim law after declaring talaq; respondent paid the mehar amounts of rs. 2 lakhs and rs. 7 lakhs to the petitioner, which ..... take care that their personal conflicts do not impress upon the child. when the child is of an age that she can avail the option of selecting her guardian, she would be free to choose with whom she wants to live and the manner of life she wants to adopt. 10. sections 127 cr. p.c. 1973 read as under 127. alteration in .....Tag this Judgment!
Court : Delhi
Decided on : Apr-17-2018
..... valsan, (2013) 1 klt375 the wife filed the petition before the family court under section 18(2) of the hindu adoption and maintenance act, 1956 for past maintenance. in the aforesaid proceedings, the wife filed an application under section 26 of the d.v. act seeking reliefs under section 18 and 19 of the d.v. act. the family court dismissed the application holding that it does not have the jurisdiction ..... order xiv rule 5 c.p.c. is remanded back to the family court. 11.2. the parties are directed to appear before the family court on 23rd april, 2018 when the family court shall fix the date for hearing whether the evidence is necessary to adjudicate the petitioner s application. 11.3. the family court shall frame the issues if ..... , therefore, cm(m) 750/2017 page 26 of 33 exceeded its jurisdiction in entertaining the application under section 26 of the d.v. act; b) in support of the aforesaid, mr. vaz refers to the scheme of the d.v. act, and lays emphasis upon section 27 to submit that it is only the court of judicial magistrate, first class or the metropolitan magistrate, as ..... been enacted primarily to provide a fair procedure to deal with the offences punishable under various penal acts and is geared to find out the guilt or innocence of the person, who has been charged of any offence. many of the reliefs contemplated under the act are of civil nature which cannot normally granted by the criminal court, but only by a civil .....Tag this Judgment!
Court : Delhi
Decided on : May-24-2018
..... 1956. by operation of section 14 of the said act, the right of residence given to satyawati in the first floor of the doctor's lane house ripened into an absolute title inasmuch as the said right was given to her in recognition of a pre-existing right to maintenance inhering in her. even under the hindu law obtaining prior to the enforcement of hindu adoptions and maintenance act, 1956 ..... also of the beneficiaries. (17) the parties shall register this presents with the concerned sub- registrar and the stamp duty and the registration charges shall be borne by the parties in equal shares.? 29. admittedly the plaintiff is not obstructing defendant nos. 3 to 5 from entering ..... pre-deceased son as also the remaining two sons and daughters. the daughters have categorically given affidavits abandoning their rights in the property when the issue arose as to who should be recorded as the lessee of the property with the l&do. it cannot be said ..... more members of the family being such shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by sub-section (2) of the last foregoing section.? 27. in ashim ranjan das vs sm. bimla ghosh & others air1992cal 44 it was held: ?in paresh nath v. kamal krishna ..... but due to the intervention of the police, they could not do so. the defendant no.6 later received a letter / notice dated 27.08.2012 from sub-registrar v, new delhi to the effect the defendant no.3 had presented an instrument / sale deed for registration in .....Tag this Judgment!