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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: kolkata Page 1 of about 83 results (0.103 seconds)

Sep 05 1967 (HC)

Smt. Gouri Gupta Chaudhury Vs. Tarani Gupta Chaudhury

Court : Kolkata

Reported in : AIR1968Cal305

..... payment of interim maintenance under the hindu adoptions and maintenance act of 1956 when in respect of similar other statutes there are such provisions, is, that this hindu adoptions and maintenance act of 1956 deals with cases of maintenance where the marriage subsists and consequently the obligation of the husband to maintain remains all throughout and as such the court by virtue of the said section 18 of the said act of 1956 has power to ..... other statutes viz. the indian divorce act of 1869. the hindu marriage act of 1955 and the special marriage act of 1956. 2. in the suit filed herein the wife has claimed rs. 800/- per month for maintenance and residence. she has also claimed maintenance and education expenses of her daughter tapati. she has also prayed for a declaration of charge on the immovable properties for the due ..... giving directions in the manner as indicated hereafter. 27. there is another point which has yet to be decided. mr. gupta points out that in the plaint filed herein the plaintiff has claimed a charge on the defendant's house at dum dum as also on the garden house at garia, for payment of maintenance and for residence. the said properties are admittedly .....

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Feb 10 1967 (HC)

Kiran Bala Saha Vs. Bankim Chandra Saha

Court : Kolkata

Reported in : AIR1967Cal603

..... the circumstances, upon which i am founding my decree, all he has to do is to move this court under section 25 of the hindu adoptions and maintenance act 78 of 1956 for alteration of the amount of maintenance fixed by my decree.30. on the second issue, which i now take up, all i see is oath versus ..... on behalf of the defendant, though at a flat rate throughput--from october 20. 1952 to 1964's end.28. kiran bala claims maintenance from october 20. 1952, since when she has been living separately. bankim chandra puts the date of such separate living as november 20. 1952: q. 110 t prefer his ..... come to, under this ingredient, is that seven persons, excluding the aunt and bankim chandra himself, are entitled to maintenance from him under this act. i shall remember this--as indeed it is worth remembering--when i assess the reasonable wants of kiran bala in terms of money, in all circumstances here, as i proceed ..... 33. on the third issue--the general one on reliefs--i am asked, on behalf of kiran bala, to create a charge, of the maintenance grant, on the estate of bankim chandra. sec-tion 27 no doubt provides so. but no such relief kiran bala has prayed the court for. it will, therefore, be not ..... mulct bankim chandra in a decree for rs. 4,000 the purported value of the ornaments), denial by bankim chandra as early as february 13, 1951, when he wrots to kiranbala's attorney mandalal saha, now dead, (as deposed to by solicitor sham sundar bose, a witness for the defendant,) characterising this .....

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Dec 22 1995 (HC)

Dr. Ranjit Kumar Bhattacharyya Vs. Smt. Sabita Bhattacharyya

Court : Kolkata

Reported in : AIR1996Cal301

..... decision, the learned judge while discussing the scope and ambit of the provision of s. 18(1) of the hindu adoptions and maintenance act, 1956 and s. 25(1) of the hindu marriage act, 1955 observed inter alia, that the words 'wife' and 'husband' used in sub-sec. (1) of s. 25 of the hindu marriage act, 1955 would include within their scope, a woman and a man professing the ..... maintenance act, 1956, every hindu was bound to maintain his wife, apart from his aged parents and minor children as was said by manu that 'the aged parents, a virtuous wife, and an infant child must be maintained even by doing a hundred misdeeds.'27. no doubt, the maintenance of a wife by her husband is of course, a matter of personal obligation which attached from ..... state of affairs, but, in law, as we think tbat there is no such status as that of an ill-legitimate wife.28. though instances were not wanting in hindu law when a particular jurat relationship was created contrary to the shastric injunctions, the relationship so created was not null and void for all purposes, however, invalid that might be for certain ..... the moment of marriage. it is a liability created by the hindu law in respect of the jural relationship of husband and wife and is not an .....

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Oct 10 1974 (HC)

Jyoti Prakash Banerjee Vs. Chameli Banerjee and anr.

Court : Kolkata

Reported in : AIR1975Cal260,79CWN332

..... relevant provision in the hindu adoption and maintenance act, 1956 has to be considered. learned advocate appearing on behalf of the petitioner pointed out that although there is a provision for maintenance pendente lite in section 24 of the hindu marriage act and for alimony pendente lite in section 36 of the special marriage act, no similar provision has been made in the hindu adoption and maintenance act 1956. he submitted that if ..... the madras high court held that the court had no jurisdiction to make such an order when the claim is in dispute. in the patna case the plaintiff brought a suit to enforce a charge upon certain properties belonging to her husband which were charged with payment of annuity of rs. 30,000/- to her payable by monthly instalments under ..... held that an order for interim maintenance could be validly made under section 151 of the code of civil procedure.27. we may now sum up the legal position as we understood it. the right to interim maintenance is a part of the right conferred by section 18 and section 20 of the hindu adoption and maintenance act. in a suit for maintenance that right can be enforced. ..... ubi jus ibi remedium. the right to interim maintenance can be enforced by an .....

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Feb 14 1968 (HC)

Tarini Gupta Chowdhury Vs. Sm. Gouri Gupta Chowdhury

Court : Kolkata

Reported in : AIR1968Cal567

..... .13. it was contended by counsel for the appellant that the provisions contained in hindu adoptions & maintenanct act, 1956 did not contain any provision for grant of interim maintenance and, therefore the court has no jurisdiction to grant interim maintenance under section 18 of the hindu adoptions & maintenance act, 1956. it will appear first, that subject to the provisions of that section a hindu wife, whether married before or after the commencement of the ..... or proceed with a suit or proceeding is involved and a decision on that question is given such a decision would affect the merits of the controversy between the parties.27. in the present case we do not desire to express any opinion on the rival contentions as to whether an appeal lies or not. in the unreported decision in a ..... contention that there is general right of maintenance under hindu law.18. it will appear in mulla's hindu law, 13th edition at page 544 sequiter that a wife is entitled to be maintained by her husband where he possesses property or not. when a man marries a girl, he undertakes the obligation of maintaining her. the maintenance of the wife by her husband is .....

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May 23 2003 (HC)

Sri Chandra Nath Sadhu and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (2003)3CALLT1(HC),I(2004)DMC359

..... the petitioner no. 1 if the adoption is invalid in view of the provisions of the section 5 read with the section 9 of the hindu adoptions and maintenance act, 1956, section 5 of the hindu adoptions and maintenance act, 1956 is set out herein below:'5. adoption to be regulated by this chapter--(1) no adoption shall be made after commencement of this act by or to a hindu except in accordance with the provisions ..... has completely and finally renounced the world nor has ceased to be a hindu nor has been declared by a court of competent jurisdiction to be of unsound mind. sub-sections 1, 2 and 3 of section 9 of the hindu adoptions and maintenance act, 1956, if harmoniously read, then it is clear that when a natural father is not dead or has not completely and finally renounced ..... the world or has not ceases to be a hindu or has not been declared by a court of competent ..... the writ petitioner no. 1 as adoptive father then it means that the deed of adoption receives the approval of this court. even when the respondent no. 5, who is the natural father of the writ petitioner no. 2, is not contesting, the court cannot ignore the provisions of section 9(2) of the hindu adoptions and maintenance act, 1956 and the facts apparent on the face .....

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Aug 21 1989 (HC)

Soma Chatterjee Vs. Chapala Chatterjee and ors.

Court : Kolkata

Reported in : II(1990)DMC312

..... compliance of the provisions of the act unless and until it is disposed. this is ..... person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this act unless and until it is disproved.'29. section 16 of the hindu adoption and maintenance act, 1956 lays down the rule of presumption which requires that when there is a duly registered deed of adoption the court shall presume that the adoption has been made in ..... adoption and as the deed of adoption ext. a is by a registered instrument there is a presumption that the adoption is valid and the ..... sought to assert that she did not give consent would not affect the valid adoption when at the time of adoption she had given consent to her husband to adopt the plaintiff and participated in the ceremony of adoption.27. the third contention of the defendant that there is no valid adoption is contested by the plaintiff and it is urged that there is valid .....

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Jul 14 2008 (HC)

Soumen Kumar Kar and ors. Vs. Swapan Kumar Kar and ors.

Court : Kolkata

Reported in : AIR2008Cal213,2008(4)CHN859

..... protiva. there is no proof by any credible evidence that there has been any adoption and there is no document either. moreover, adoption by protiva, according to hindu adoptions and maintenance act, 1955 is invalid and illegal. under the provision of section 8 of hindu adoptions and maintenance act a woman cannot adopt without consent of her husband. this position of the law has been settled by recent decision of ..... that even if the case of adoption is not established still then plaintiffs cannot get the property as protiva died in 1967 and her property will go to the heirs of her husband not to her father and mother or heirs and legal representatives of the father under the provision of section 15 of the hindu succession act, 1956. if the plaintiffs cannot have ..... property of a female hindus dying intestate shall devolve according to the rules set out in section 16,--(a) firstly, upon the sons and daughters (including the children ..... august, 1967 intestate. going by the genealogical table annexure 'a' to the plaint the relationship between protiva and the appellant is aunt and nephew. by virtue of section 15 of the hindu succession act 1956 general rule of succession in the case of female hindus dying intestate is as follows:15. general rules of succession in the case of female hindus.--(1) the .....

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Mar 30 1981 (HC)

Smt. Krishna Kamalini Debeya Vs. Junior Land Reforms Officer, Khandagh ...

Court : Kolkata

Reported in : AIR1982Cal83,85CWN825

..... his aged parents and such liability was not dependent on the possession of property by the son. the dependants have also been defined in section 21 of the hindu adoptions and maintenance act, 1956. while on this question, the provisions of section 14j of the said act, which lays down that provisions of chap. iib shall have effect notwithstanding (anything) to the contrary contained elsewhere in 'the said ..... as the member of the family, on the basis of the requirements of section 20 of the hindu adoptions and maintenance act. under that section, every hindu has been burdened with the maintenance of some person or another at some stage of his or her life and under the said section of the hindu adoptions and maintenance act, it would mean when property passes without any distinction, liabilities which are concomitants to it, must ..... petitioners have stated that for such vesting, no notice was ever duly and properly served and as such, an objection, through a petition dated 18th oct. 1976, to the charge officer, settlement charge office, burdwan, being respondent no. 2, was filed.5. it has been claimed that thereafter, it was learned that again, another ex parte order of vesting was passed by .....

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May 20 1965 (HC)

Menokabala Dasi Vs. Panchanan Seal

Court : Kolkata

Reported in : AIR1966Cal228,69CWN938

..... , whenever there is such a change of circumstances as would justify a change in the rate.. .... .. section 25of the hindu adoptions and maintenance act, 1956, now lays down that the amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of the act, may be altered subsequently if there is a material change in the circumstances justifying such alteration ..... decree could be reduced. after relying on the decision in trimbak's case, ilr (1941) nagpur 437 : (air 1939 nag 249) mentioned above, the learned judges held that when the amount of maintenance was fixed in a decree, the figure stood until it was varied by a second decree in a separate suit brought for the purpose, unless the original decree on ..... property of the applicant and 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 time after it has ..... -decretal changes in the circumstances or in the relations of the parties. no authority has, however, been cited to show that such modifications could be made on application in execution when the decree contains no provision in that behalf.'5. in gopikabai v. dattatraya, (1900) ilr 24 bom 386 there was no provision in the decree for reducing the rate of .....

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