Court : Kerala
Reported in : II(2005)DMC433; 2005(3)KLT178
..... adoptions among hindus in india and under the hindu minority and guardianship act, 1956, the statute dealing with minority ..... permission to parties in the matter of adoption is the district court which was moved by the petitioner. learned counsel referred to section 7 of the hindu minority and guardianship act, 1956 and submitted that upon adoption the natural guardianship of the adopted son during his minority passes to the adoptive father from the natural father. according to learned counsel, under the hindu adoptions and maintenance act, 1956, the statute which deals with ..... orderpius c. kuriakose, j.1. petitioner in an original petition under section 9(4) of the hindu adoptions and maintenance act, 1956 read with section 13(1) of the hindu minority and guardianship act, 1956 seeks revision of the order of the learned district judge dismissing the original petition as not maintainable. the original petition was filed by the revision petitioner before the district court, .....Tag this Judgment!
Court : Kerala
Reported in : I(2002)DMC13
..... person born out of the union of a hindu and non-hindu can be a hindu. the hindu succession act and the hindu adoptions and maintenance act give a very wide definition. according to explanation (b) to s. 2(1) of the hindu succession act, 1956, hindu adoptions and maintenance act, 1956 and hindu marriage act, 1955 and also according to explanation (ii) to s. 3(1) of the hindu minority and guardianship act, 1956, and child legitimate or illegitimate, one of ..... mother is also in possession of property and she is also bound to maintain the daughter. it is not necessary for the respondent to claim maintenance against both. the section itself is clear that the child can claim maintenance either against the father or the mother.in the above view of the matter, we don't find any infirmity in the judgment of ..... hindu, should have brought up the child as a hindu. in addition to this, we rely on the observations of the supreme court in the ..... lower court that the respondent was brought up as a hindu. the argument of the counsel for the appellant was that some of the documents which have ben relied on by the court below were created by the mother. section only says that the child should have been brought up as a hindu. it is not necessary that a person, who is a .....Tag this Judgment!
Court : Kerala
Reported in : AIR1971Ker216
..... different views have been taken by the courts below.3. the learned counsel for the plaintiff relies on section 25 of the hindu adoptions and maintenance act, 1956 (hereinafter referred to as the act) to justify her claim for enhancement of maintenance. the said section runs as follows:'25. the amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of ..... interesting question that arises for decision in this second appeal is whether a hindu widow who had obtained a decree for maintenance charged on certain properties of the joint family is entitled to claim enhanced maintenance out of these properties later, on the plea that the circumstances have altered justifying enhancement of maintenance when the properties have passed into the hands of an alienee purchasing for ..... to the purpose for which it was given it is binding on the family and will take precedence over the plaintiff's claim for maintenance, which would ripen into a charge only when such a charge is declared or created by act of parties 'or by a decree or order of court. there can be no dispute that the discharge of the debts of defendant .....Tag this Judgment!
Court : Kerala
Reported in : AIR1974Ker124
..... there was a de facto separation due to exigencies of his employment. this is not sufficient to attract section 18(2)(a) of the hindu adoptions and maintenance act, 1956. equally unsustainable is the view of the learned munsiff, that section 18(2)(b) is attracted. he proceeds on the basis that the appellant was illtreated by her ..... her suit for maintenance on 1-7-1970. by this time the respondent was residing in his house, he having been transferred to and stationed at trivandrum in 1969. 3. the respondent applied for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 which reads: '9. (11 when either the husband ..... the presence of the respondent on 18-8-1968 in his house, though she categorically denied his presence on that occasion when she was subsequently examined as p. w- 1 in the maintenance proceedings. the respondent also has sworn in both the proceedings to his case. nothing was brought out to discredit him. ..... with her husband in privacy. the husband no doubt hag got the right to choose the domicile for the wife and she should follow him when that domicile is one which is not legitimately repugnant to her and injurious to her health, etc. in all these matters as pointed out in ..... bringing rs. 5,000/-. on that day, it is her version, that she was beaten and sent out she also swears that during the occasions when the respondent wag there, they were not allowed to be together sharing each other's company. the evidence given by the appellant as a whole .....Tag this Judgment!
Court : Kerala
Reported in : (1998)150CTR(Ker)298; 238ITR846(Ker)
..... 21, 1956, came into operation on that day. the act has a codifying enactment. after the act came into force, there is no scope for any customary usage, unless that is saved expressly. section 4 of the act clearly states that save ..... is mainly based on the passages from mulla's hindu law and on the custom, prevailing in the eazhava community.10. before dealing with the question, it is nothing but appropriate to understand the correct position under the law, relating to maintenance. the hindu adoptions and maintenance act, 1956 (hereinafter to be referred to as 'the act'), which received the assent of the president on december ..... legal obligation to maintain the children. in this case, the donor --mother--executed the gift deed bequeathing her property and jewellery in favour of the daughter at a time when the marriage of her daughter was about to take place. for a suitable bridegroom for the daughter of the assessee, parent must provide with properties in the form of immovable ..... thread in all these decisions is that the legal obligation to get a daughter married attached only to a joint family, so long as it remained joint, and additionally when such a family had properties. this principle cannot be extended to individual hands, as pointed out by the madras high court, and the moral or social obligation on a .....Tag this Judgment!
Court : Kerala
Reported in : AIR1985Ker20
..... according to me a suit by a minor represented by a next friend for maintenance is maintainable against the father, if the father is in law liable to maintain the child.5. sub-section (1) of section 20 of the hindu adoptions and maintenance act, 1956 (hereinafter referred to as the maintenance act) enjoins that a hindu is bound during his or her lifetime, to maintain his or her legitimate or ..... from claiming maintenance against its natural guardian. the decision of the patna high court does not support the proposition laid down by the learned judge. the decision relates to the right of the mother of a hindu minor to act as its guardian for the disposal of the minor's property when the father who is the legal and natural guardian under section 6 of ..... the guardianship act is alive. as per section 6 the natural guardian of a hindu minor in respect of its person as well as its properly is ..... future maintenance from the date of suit at the rate of rs. 50/- per month. the plaint refers to the marriage of krishnakumari amma to the defendant in may 1972, the birth of the 1st plaintiff during the subsistence of the marriage, and the divorce between krishnakumari amma and the defendant as per a registered document ext. b1, at a time when .....Tag this Judgment!
Court : Kerala
Reported in : AIR1985Ker193
..... the first and second appeals, which gave rise to the reference of the matter to the full bench, is whether for the purpose of section 18(2)(a) of the hindu adoptions and maintenance act, 1956 (78 of1956), (hereinafter referred to as the maintenance act) animus is required to be established to prove desertion.2. the brief facts leading to this second appeal could be stated as follows ..... obligations towards her, though for some time, except during his frequent visits, there was a de facto separation due to exigencies of his employment. this is not sufficient to attract section 18(2)(a) of the hindu adoptions and maintenance act, 1956.'for one thing, the main proceedings before the division bench were those relating to the restitution of conjugal rights under ..... section 9 of the marriage act. secondly, the division bench did not lay down as a legal proposition that animus deserendi is an essential feature of desertion in terms of clause (a) of sub-section (2) of section 18 of the maintenance act. though .....Tag this Judgment!
Court : Kerala
Reported in : 2008CriLJ2368; 2008(1)KarLJ647; 2008(1)KLT1000
..... supplied)6. let it be noted that there is no common law of adoption. the customary hindu law as modified and codified by the hindu adoptions and maintenance act recognized the rights of hindu parents and hindu children to adopt and be adopted. except when customary law permits adoption those of other faiths had no legal option of adopting a child and conferring on such child all rights of a biological legitimate child ..... question that arose for consideration in that case was whether the family court has jurisdiction under section 9(4) of the hindu adoption and maintenance act to entertain an application by a guardian for permission to give a child in adoption to himself. the learned judges of the division bench in the said decision answered the question against the jurisdiction of the family court and held ..... it is only the district court which can have jurisdiction to entertain an application under section 41(6) of the juvenile justice act read with rule 33(5) of the central rules. it is declared ..... only the district court which can be reckoned as the court for the purpose of section 41(6) read with rule 33(5) of the central rules. similar appears to be the conclusion in the decision of the bombay high court in manuel theodore d'souza.27. i find it absolutely safe in these circumstances to come to a definite conclusion that .....Tag this Judgment!
Court : Kerala
Reported in : AIR2008Ker112; 2008(2)KLT161
..... widow would inherit the estate of a male hindu dying intestate, as provided in section 8 of the hindu succession act. it is true that a hindu wife is entitled to get maintenance from her husband under section 18 of the hindu adoptions and maintenance act, 1956. but, such right is to be enforced under law and the property of the husband made a charge. without an order of court or a stipulation ..... . it was held by the supreme court that section 14(1) of the hindu succession act would apply and that section 14(2) would not apply. to quote:28. the legatee sellathachi had right to 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 .....Tag this Judgment!
Court : Kerala
Reported in : 2009ACJ2272
..... basis of the status, activities, expressed opinions...18. regarding adoption, prior to the hindu adoptions and maintenance act, 1956 only legitimate sons could be adopted but an illegitimate son could not be adopted. the act now imposes no such restriction. section 2(1), explanation speaks of 'any child legitimate or illegitimate'.19. in hindu minority and guardianship act, 1956, the distinction is maintained under section 6 (a) and (b). various provisions are there in ..... suffer. there are several cases in our country where man and woman live together as husband and wife, children are begotten to them and are taken care of by them. when the question arises as to whether such children can succeed to the estate of their deceased parents, there is no statute in this country enabling them to inherit the property ..... such child is not entitled to a share in the property of the deceased parents. the same is the position in muslim and hindu communities subject to some riders in hindu community which we have discussed in this judgment.27. of late, courts in our country began to recognise man and woman living under the same roof as husband and wife. the apex ..... them worked together at pushpagiri hospital, kerala. the first child was born at cochin naval base hospital. rw 1 further stated that baptism of respondent no. 4 was performed on 27.12.1990 and that exh. b10 is the baptism certificate of the respondent no. 4 issued from uzhavoor forane church in which the name of the father of the child .....Tag this Judgment!