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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: orissa Page 1 of about 31 results (0.054 seconds)

Aug 02 2006 (HC)

Sri Fani Bhusan Nanda Vs. Kshiti Sundari Nanda

Court : Orissa

Reported in : I(2007)DMC751; 2006(II)OLR490

..... by the opposite party-d.hr.2. the opposite party, who is the widow of jagamohan nanda filed a case under section 22 of the hindu adoption and maintenance act in o.s.no. 54 of 1994 against the present petitioner, who happens to be the brother of the aforesaid jagamohan nanda. the court after hearing the parties rejected the ..... and that in all cases where maintenance is granted under such law, it shall be payable from the date of the application and not from the ..... indicate the date from which the maintenance shall be payable, it should be taken as payable from the date of the order. as against this, mr. s.j. pradhan, learned counsel appearing on behalf of mr. b.p.roy, submits that in the matter maintenance granted under the provision of the hindu marriage act as well as the hindu adoption and maintenance act, the ratio is totally different ..... cannot be made with effect from the date of filing of the suit. according to the petitioner-j.dr., when the order is silent about the date from which the maintenance amount is to be paid, the maintenance amount can be realized only from the date of the order and not from the date of filing of the application. after hearing learned counsel .....

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Dec 21 2004 (HC)

Smt. Parbati Giri Vs. Sri Harihar Giri

Court : Orissa

Reported in : 99(2005)CLT264

..... of living together for a year has not conferred on her the status of a legally married wife. in that respect, bare perusal of section 18 of the hindu adoption and maintenance act, 1956 read with sections 5 and 7 of hindu marriage act, 1955 are sufficient and a further discussion is not necessary to record the finding that petitioner has failed to prove her status as the wife ..... by the judge, family court, rourkela in civil proceeding no. 31 of 1999.2. petitioner before the court below is the appellant. she instituted the proceeding under section 18 of the hindu adoption and maintenance act, 1956 claiming for maintenance from the respondents on the assertion that she is the legally married wife of the respondent. we see from the impugned judgment as well as the application ..... the respondent deserted her and stayed with another woman on the pretext that he had married the said woman. in february, 1999 when the respondent had came to rourkela, petitioner approached him for resumption of the conjugal life and when the respondent declined she reported the matter at the mahila police station in sector-3, rourkela and because of that a g ..... .r. case has been registered against the respondents for the offence under sections 498-a/494/406, ipc. she asserted that the monthly income of the .....

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Feb 22 1985 (HC)

Jadumani Padhan Vs. Kumudini Padhani

Court : Orissa

Reported in : AIR1986Ori10

..... rs. 300/- per month.3. mr. p. k. misra, the learned counsel for the petitioner, contends that a hindu wife is entitled to live separately from her husband and get maintenance only when the conditions prescribed in sub-section (2) of section 18 of the hindu adoptions and maintenance act are satisfied and until the wife proves a prima facie case in her favour, she is not entitled to ..... any interim maintenance. in this particular case, the husband (defendant) having challenged his liability to pay maintenance and the wife's entitlement to have ..... would not be entitled to any interim maintenance particularly when the husband had challenged the allegations in the plaint.4. there cannot be any dispute with the proposition that a hindu wife is entitled to claim for separate residence only if the conditions prescribed in sub-section (2) of section 18 of the hindu adoptions and maintenance act thereinafter referred to as the 'act') are satisfied and in that event .....

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May 13 2002 (HC)

Banshidhar Mohanty Vs. Smt. Jyoshnarani Mohanty

Court : Orissa

Reported in : AIR2002Ori182; 94(2002)CLT329; I(2003)DMC270; 2002(II)OLR15

..... short 'act, 1956') registered as civil proceeding no. 57 of 1995 in the court of judge, family court, cuttack. she having been granted maintenance under section 125, cr.p.c. in an earlier occasion in criminal misc. case no. 7 of 1975 also ..... . when that is not adhered to by the parties then claim for maintenance if made is settled either amicably or as per the decision of the courts on the basis of statutory provisions governing the parties. the present dispute belongs to the latter category.2. the wife/respondent in her mid-fifties in 1995 filed the application for maintenance under the hindu adoptions and maintenance act, 1956 (in ..... based on personal and social bondage but sometimes it shatters due to defection. a matrimonial relationship according to the personal law of hindus is a sacred, firm but tender relationship. when it cracks because of misunderstanding or dispute between the spouses on any ground provided in the matrimonial law that results in either a decree for restitution of conjugal right, judicial .....

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Sep 12 2002 (HC)

Basanti Mohanty Alias Raut Vs. Parikhit Rout

Court : Orissa

Reported in : AIR2003Ori20; I(2003)DMC214; 2002(II)OLR588

..... 1991. it has been very emphatically stated that since the marriage is in dispute, therefore, the appellant cannot take shelter of the family court by invoking provisions of section 18 of the hindu adoptions and maintenance act.4. both parties had led oral evidence and also the respondent filed some documents in support of his plea. the learned judge, family court, however, on consideration ..... the impugned judgment we find that the learned judge, family court, unreasonably dismissed the appellant's prayer for maintenance under section 18 of the hindu adoptions and maintenance act. accordingly, we direct the respondent to pay an amount of rs. 500/-(five hundred) per month towards monthly maintenance payable from the date of application before the learned judge, family court.13. in the result, the ..... well planned conspiracy at the behest of few persons who are inimically disposed against the respondent.7. the appellant's application for maintenance was rejected on the ground that she had not stated in the application as to when her marriage was solemnised. but on a closer study of the evidence, we noticed that she stated that her marriage with the ..... woman, they become members of the family and entitled to the social status as married couple, recognition per se is not a pre condition, but entitled to be considered, when evidence is available. it is common knowledge that with education or advance of economic status. young men and women marry against the wishes of parents and in many a case .....

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Aug 27 1979 (HC)

Golak Chandra Rath Vs. Krutibas Rath and anr.

Court : Orissa

Reported in : AIR1979Ori205; 48(1979)CLT459

..... plea of giving and taking and other requisite ceremonies. apart from these oral evidence was given in support of the factum of adoption. the learned trial judge took into consideration the provisions of section 16 of the hindu adoptions and maintenance act but failed to appreciate its bearing on the litigation. he examined the evidence on the footing that the burden to prove an ..... the other conditions mentioned in the chapter and the conditions prescribed in section 11 are included. therefore, violation of condition no. (iv) of section 11 would render the adoption invalid.7. in ext. 15 the deed of adoption - the adoptive mother's age has been given as 27 and of the plaintiff -- the alleged adopted son -- as 3. the difference in the stated ages is ..... w. 7, the natural father, has categorically stated in his evidence in court that:--'by the time of adoption, golak (plaintiff) was not admitted into school. he was admitted into school 3 months thereafter. somanath ratha (d. wo was the school teacher when the plaintiff was admitted. ...........' p. w. 10 also stated:--'...... the plaintiff is now reading in janguli. the ..... plaintiff went to the school about 20 days after his adoption ceremony. ......... 'from the depositions of these two witnesses, it is thus clear that there was .....

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Mar 30 1993 (HC)

Prahallad Mishra and anr. Vs. Benga Dibya and ors.

Court : Orissa

Reported in : 76(1993)CLT234; II(1993)DMC283

..... karuni were executants. in the said document it has been admitted that karuni acharya had adopted raghunath as his son according to caste custom. this document of acknowledgement of adoption (ext. 1) satisfies the requirement of section 16 of the hindu adoptions & maintenance act, 1956. the requirements of section 16 of the above act are that there must be a document, it must be registered under law in force, it ..... must purport to record an adoption which bad taken place and the document must be signed by both ..... giver and taker of the child in adoption.4. in this case, i .....

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Dec 23 1958 (HC)

Sashimukhi Dasiani Vs. Brundaban Das and ors.

Court : Orissa

Reported in : AIR1959Ori132

..... the parties. where, therefore, during the pendency of appeal against the dismissal of a suit by a wife for recovery of maintenance, the hindu adoption and maintenance act, 1956, was passed, the wife could invoke the provisions of section 18(2)(d) of the act for claiming maintenance on the ground that her husband's first wife was living although this right was not available to her at the ..... plaintiff would not be entitled to any relief under section 2, sub-section (4) of the act xix of 1946 (the hindu married women's right to separate residence and maintenance act 1946), when her husband took another wife prior to the enforcement of the act' and dissented from the cases reported in sm. pancho v. ram prasad, air 1956 all 41, ilr 1955 cut 354: ((s) air 1955 ..... the suit according to law. the parties may be allowed to adduce any fresh evidence if they so desire. the learned subordinate judge after fixing the rate of maintenance, will make it a charge on the share of the properties belonging to defendant no. 1.22. the appeal is accordingly allowed, the judgment and decree of the trial court are set aside ..... house after she was turned out from there.'in this observation, the learned subordinate judge has entirely erred. the ground of desertion has nothing to do with that of cruelty. when the learned subordinate judge disbelieved the case of cruelty he ought to have independently considered the plaintiff's case with regard to desertion.12. with regard to the case of .....

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Sep 21 1994 (HC)

Gokul Behari Naik Vs. Pantish Kumar Naik

Court : Orissa

Reported in : II(1995)DMC83

..... . the rulings relied on by the learned counsel for the petitioner are before the coming into force of the hindu adoptions and maintenance act, 1956 on 21st december, 1956 which overrides any other text or rule, or act in this behalf. according to section 10(iv) thereof, the age of adoption is 15 years, unless there is a custom or usage applicable to the parties which permits persons who ..... have completed the age of fifteen years being taken in adoption. that means, if the custom or usage applicable to the ..... of this section a hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. so, son includes not only the adopted son but also the illegitimate son and the petitioner is duty bound to maintain the adopted son.6. section 125 cr.p.c. nowhere debars adopted son to claim maintenance. even .....

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Nov 14 1986 (HC)

State of Orissa Vs. Smt. Archana Nayak and ors.

Court : Orissa

Reported in : AIR1987Ori82; 63(1987)CLT658

..... not be divested of that absolute right on her remarriage. but she would certainly cease to be a legal representative of the first husband on her remarriage. under section 22 of the hindu adoptions and maintenance act, 1956, she also ceases to be dependent and thus if a widow remarries after the death of her husband, her dependency ends.so far as india is concerned, ..... of the financial contribution which the deceased would have made had he lived. the widow ceases to be a dependent upon her remarriage. (see section 21(iii) read with section 22 of the hindu adoptions and maintenance act). under the hindu law, a widow daughter-in-law is entitled to be maintained by the father-in-law under certain circumstances. but the obligation to maintain ceases ..... on the remarriage of the daughter-in-law. (see section 19 of the hindu adoptions and maintenance act). similarly, a direction for payment of permanent maintenance given by the court while passing any decree for judicial separation or divorce or any time subsequent thereto, may be rescinded by the court ..... but should also continue to be a legal representative until the final decision. upon her remarriage, she ceases to be a legal representative for the purpose of section 110-a of the act.23. when it is permissible to take into account the prospect of remarriage of the widow of the deceased as a factor in the assessment of compensation, her remarriage may .....

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