Skip to content


Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: jammu and kashmir Page 1 of about 12 results (0.038 seconds)

Oct 08 1987 (HC)

Vijay Manchanda and anr. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : AIR1989J& K10

..... in the state of jammu and kashmir, is, therefore, without any basis and misconceived.9. as held by the revenue minister and noted in this judgment the adoption can be allowed under the hindu adoptions and maintenance act only in genuine cases and in accordance with the restrictions imposed by the statute. merely because some persons may get the status of a state subject would ..... with the other conditions mentioned in this chapter. 7. sections 7 and 8 of the said act define the persons who have the capacity to take in adoption. section 9 specifies the persons capable of giving in adoption and section 10 mentions the persons who can be adopted. section 11 of the act provides otherconditions for a valid adoption besides those referred to in the earlier part of chapter ..... ii of the act.8. in view of the stringent provisions made and restrictive limitations imposed the ..... permanent return issued by or under the authority of any law made by the state legislature shall on such return be a permanent resident of the state. (3) in this section, the expression 'state subject of class i or of class ii' shall have the same meaning as in state notification no, i-l/84 dt. the twentieth april, 1927, .....

Tag this Judgment!

Mar 16 2005 (HC)

Gian Chand Vs. Mangi Ram

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ363

..... view, being married and father of a 2+ year old daughter, the defendant was not eligible for adoption under section 10(iii) of the jammu and kashmir hindu adoption and maintenance act (ii of 1960), the alleged adoption, therefore, was null and void. however, on the basis of the alleged adoption, the defendant was trying to dispossess him from the house and obstructing from collecting the usufructs of ..... married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption'9. in fairness to the defendant, it may be stated that he tried to make out a case that when adoption took place he was not married. he also took a stand that in the community to which he belongs there ..... avoid limitation. according to the defendant he was not aware of the deed dated 30th november, 1982 till the disposal of the appeals vide judgment dated 24th august, 2000 (supra) when he showed the case file to the counsel and came to know about the earlier deed. in the circumstances he filed review petition on 28th september, 2000 followed by another ..... was a custom of adoption of a married person. reference to the so called custom appears to be a cry of desperation. in .....

Tag this Judgment!

May 29 2003 (HC)

Mala Sidiq Vs. Dilshada Banoo

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ184

..... the judgment/order passed by the learned single judge for maintaining the order passed by the family court which is based on combined reading of/section 125 cr. p.c and section 20(3) of the hindu adoptions and maintenance act. for the reasons aforestated we are of the view that on facts and in the circumstances of the case no interference with the impugned judgment ..... of a hand'.if a father is a poverty-sticken and cannot therefore provide maintenance to his children, while their mother is affluent, the mother must provide them maintenance subject to reimbursement by the father when his financial condition improves.' thus, both under the personal law and the statutory law (sec. 125, cr.p.c) the obligation of a muslim father, having sufficient ..... miscarriage of justice, rather interfering with the order would create great inconvenience to respondent 3 as she would be forced to file another petition under sub-section (3) of section 20 of the act of 1956 for further maintenance etc. thus, in order to avoid multiplicity of litigations, the order impugned does not warrant interference'.17. now in view of the above quoted judgments ..... to high court: -- (1) the sessions judge or chief judicial magistrate may, if the thinks fit, on examining under section 435 or otherwise the record of any proceeding, report for the orders of the high court the result of such examination, and, when such report contains a recommendation that a sentence [or an order] be reversed or altered, and if the accused .....

Tag this Judgment!

Sep 26 2005 (HC)

Rajeev Kumar Koul Vs. Dr. Jyotsana Koul and ors.

Court : Jammu and Kashmir

Reported in : AIR2006J& K59

..... a petition under section 488 cr.p.c. he further contended that the maintenance can only be awarded if either of the spouse has sufficient means to support ..... of the children or either of spouse. he submitted that if the children have no sufficient income to maintain themselves, they can claim maintenance from the husband or the wile as the case may be under the jammu & kashmir hindu adoptions and maintenance act, 1960 or by filing ..... her or his support and bear necessary expenses of the proceedings on the application of the wife or the husband, but under this section, there is no provision to award the maintenance pen-dente lite in favour ..... be awarded in favour of the children. mr. sunil sethi, learned counsel for the appellant submitted that under section 30 of the act, maintenance pendente lite and litigation expenses can be awarded either in favour of the wife or husband as the case may when it appears to the court that the husband or the wife has no independent source of income sufficient for .....

Tag this Judgment!

Dec 30 1997 (HC)

Capt. Vatsa Vs. Miss. Namrata Vatsa and anr.

Court : Jammu and Kashmir

Reported in : AIR1998J& K70

..... arc minors and they had filed the execution for the realization of the arrears of maintenance allowance. this maintenance allowance was granted to the respondents in a proceedings initiated by them under section 20 of the j. & k. hindu adoptions and maintenance act. the court had in an ex parte order granted the maintenance allowance. the petitioner herein has filed the application for setting aside the ex parte ..... . 21006,50 which they have received. 3. the counsel appearing for the respondents has contended that respondents are minor daughters of the petitioner, who is not giving them the maintenance allowance granted by the court and they have been forced to file the execution petition and in terms of the order dated 28-6-1996 earlier arrears were recovered and ..... controverted the plea that inhibition contained in section 11 of the pension act is operative so far as this money is with the government and as soon as ..... maintained in the bank. 4. the main trust of the arguments of the learned counsel for the petitioner is that under section 11 of the pensions act, 1871, there is exemption of pension from attachment and the executing court has acted illegally when the amount of the pension has been attached as well as disbursed. 5. the counsel appearing for the respondents has .....

Tag this Judgment!

Oct 08 2003 (HC)

Lubna Mehraj and ors. Vs. Mehraj-ud-dIn Kanth

Court : Jammu and Kashmir

Reported in : 2004(1)JKJ418

..... , or in the case of females, till they are married,'23. in jagdesh jugtawat v. manju lata (supra) again a similar question, arising out of section 125 of cr. p. c. and section 20(3) of hindu adoptions and maintenance act, came up for consideration before the supreme court. relying on the principles laid down in noor saba khatoon v. mohd. quasim (supa) the apex court ..... 'physical or mental injury' as being one circumstance and 'injury' as being the alternate circumstance, as is suggested. the conjunction 'or' occurring therein introduces alternatives, meaning 'one or the other'. when segregated, the above phrase would mean physical abnormality or physical injury; mental abnormality or mental injury. as regards physical abnormality, physical injury or mental abnormality, a child may have any ..... j&k; can exercise jurisdiction for granting maintenance only under the provisions contained in section 488 cr. p.c. under which right of children for maintenance is restricted upto the attainment of majority or ability to maintain themselves, whichever is earlier.'27. family courts are a creation of family courts act. sub-section (1) of section 7 of the family courts act, says that a family court shall .....

Tag this Judgment!

Oct 16 2003 (HC)

J.S. Modi Vs. State Through G.A.D and ors.

Court : Jammu and Kashmir

Reported in : 2004(1)JKJ556

..... court considered the scope of hindu adoption and maintenance act (1956) on the rights of a married woman under mitakshara school of hindu law (uncodified). the ratio of this judgment is as under:'.now before the act came into force, rights of maintenance out of the estate of a hindu dying before the commencement of the act were acquired, and the ..... are creation of sro 194 dated 18-8-1992. recruitment rules have been framed by the government in exercise of the power conferred by proviso to section 124 of the constitution of jammu and kashmir. these transitory rules framed under article 124 of the constitution of jammu & kashmir has the force of ..... k; civil service regulations requiring a public servant to retire at the age of 58 years;(ii) whether a public servant during his service tenure when appointed as a member of the board is entitled to serve for the tenure provided under rules notwithstanding the fact that superannuation age falls during the ..... a member of the board, the petitioner has right to continue as member of the board for a period of two years w.e.f. 27-4-2002. since under sro 194 a retired officer is also held entitled to be a member of the board, question no. 1 formulated by ..... was the member of kashmir administrative service and was placed in selection grade. in the year 2002. vide government order no. 793-gad of 2002 dated 27-4-2002 petitioner came to be transferred and posted as member, jammu & kashmir service selection board, jammu. he was ordered to be retired from the .....

Tag this Judgment!

Feb 04 2009 (HC)

Ajmer Singh Sindhu Vs. Madhur Sidhu

Court : Jammu and Kashmir

Reported in : AIR2010J& K42

..... not applications or proceedings. the action instituted by the appellant wife and the children under sections 18 and 20 of the hindu adoptions and maintenance act, 1956 is a proceeding in view of section 7(f) and not a suit. thus, the provisions of section 22 of the rajasthan court fees and suits valuation act has no application. our view is fortified by a division bench judgment of kerala ..... a suit, the court-fees is to be affixed as per section 7 of the court fees act and, in case, the claim as put forth by the wife, children of ..... 1960, and therefore, the provisions of section 7 of the court fees act, smvt. 1977, would not be applicable.15. even otherwise, it will not be in the interest of justice to treat the proceedings initiated by the wife, children and aged parents under section 18/20 of the act of 1960, as a suit. this is because, when such a proceeding is treated as ..... out of reach of many distress litigants and destroying the very object of setting up of the family courts. thus, when a woman and the children ask for the maintenance, the proceedings are to be initiated by way of an application. section 7 of the family courts act directs that the family court shall deal for the purpose of exercising the jurisdiction under the .....

Tag this Judgment!

Nov 19 1986 (HC)

Gulab Chand Vs. Sampati Devi

Court : Jammu and Kashmir

Reported in : AIR1988J& K22

..... is argued that the children if aggrieved can have recourse to other remedies for the grant of maintenance, such as, initiating proceedings under section 488, cr. p.c. or filing suit under the hindu adoptions and maintenance act, but cannot be granted maintenance under the hindumarriage act which governs the rights and obligations mainly of the parties to the marriage and not for their ..... the minor child even without a formal application and, therefore, his granting such interim maintenance even when moved by an application labelled as one under section 24 only cannot be branded as withoutjurisdiction or to involve any jurisdictional question even though section 24 does not provide for maintenance for children.'6. in view of this the judgments of this court reported in ..... decree by the court with regard to custody, maintenance and education of the minor children consistently with their wishes. when the wife makes an application under section 24 of the act, to the court for the grant of interim maintenance to the children also, the court can grant relief to the children under section 26 wherever it considers just and proper.' similarly ..... . however where it is proved that any one of the spouses has made an application under section 24 of the central act or section 30 of the state act for interim maintenance, the court is entitled to grant maintenance not only to such a spouse but also for children when maintenance is claimed on their behalf by the party filing such an application. if .....

Tag this Judgment!

May 06 2008 (HC)

Mahalakshmi Tikoo Vs. State Bank of India and ors.

Court : Jammu and Kashmir

Reported in : 2009(3)SLJ377(NULL)

..... 'mother' has been kept on the same footing as that of son, daughter, widow and other relatives shown above in the schedule.9. under sub-clause (3) of section 20 of the hindu adoptions and maintenance act, 1960, there is an obligation on the part of a person to maintain his aged or infirm parents or a daughter. this provision is also relevant and reads ..... , j.1. the short question which arises for consideration in this petition is whether the 'mother' who falls in the category of class (i) under the jammu & kashmir hindu succession act, 1956 (hereinafter called the act), can be denied the family pension.2. the brief facts for the disposal of this petitioner are that son of the petitioner late virender kumar tikoo, who was ..... reply in this regard. in my view, there is no rational in excluding mother from the said list and denying her the benefit of family pension when she is class i legal heir under the act. thus, the rule framed by the respondent bank in this regard is held to be discriminatory and violative of article 14 of the constitution and the ..... legal heir. the respondent bank herein which is also a nationalised bank has framed this policy for grant of family pension excluding the mother from the list of legal heirs. when it was pointed out to the learned counsel for the respondent bank that why the policy famed by the bank herein is not in line with the policy framed by .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //