Court : Supreme Court of India
Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092
..... before embarking on the questions of law which arise our consideration, we may notice some statutory provisions. the matter relating to grant of maintenance are now governed by the provisions of hindu adoptions and maintenance act, 1956. sections 3(b), 18 and 19 of the said act read as under:3. (b) 'maintenance' includes- (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment ..... by its order dated 18th november, 1997 cancelling the bail of the appellants. the learned metropolitan magistrate was directed to issue standing warrant of arrest against the appellants as and when they returned to india. 5. on an application filed by the 3rd respondent on 24th april, 1998 the husband of the appellant was declared an absconder and a public proclamation ..... by survivorship or by succession to sons or even to collaterals; these simply step into the position of her husband, and she is required by hindu law to live under their guardianship after her husband's death.27. the orders passed by the high court which are impugned before us are, thus, wholly unsustainable. they suffer from total non-application of ..... this: an order for release on bail made under the proviso to section 167(2) is not defeated by lapse of time, the filing of the charge-sheet or by remand to custody under section 309(2). the order for release on bail may however be cancelled under section 437(5) or section 439(2). generally the grounds for cancellation of bail, broadly, are, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2009SC651; 2009(4)BomCR455; II(2009)DMC830SC; (2009)1GLR783(SC); [2009(1)JCR133(SC)]; (2009)153PLR533; (2009)1SCC398:2008AIRSCW7830:2008(6)LHSC4337
..... hindu adoptions and maintenance act, 1956 (for short 'the act of 1956'). under section 3 of that act, 'maintenance' includes-(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment ; (ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage. i would, therefore, think that when we talk of maintenance and support, the definition of 'maintenance' as given in the act ..... her husband from the stair case. his intention was to cause such injuries which may result in her death. fortunately, however, she survived. it was also submitted that air fare charges were also incurred in connection with medical treatment of the wife but the high court had reduced the amount. that, however, does not mean that the wife is not entitled ..... respondent-wife has filed a suit for dissolution of marriage and for a decree of divorce on july 01, 2001 against the appellant- husband under section 27 of the special marriage act, 1954 (hereinafter referred to as `the 1954 act') in the court of district judge, aliore, 24 parganas (s), west bengal. in the suit, prayers were sought to declare that the marriage between .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC3282; 2007(1)ALT12(SC); 2006(4)AWC3865(SC); 2006(4)CTC773; JT2006(8)SC525; (2007)1MLJ25(SC); 2007(1)OLR(SC)18; 2006(9)SCALE83; (2006)8SCC75
..... . the widow had, at best, only a right to maintenance and at best could have secured a charge by the process of court for her maintenance under the hindu adoptions and maintenance act in the separate property of her husband. may be, in terms of section 39 of the transfer of property act, she could have also enforced the charge even as against an alienee from her husband. unlike in ..... estate of a hindu dying after the commencement of the act, the dependant would be entitled, but subject to the provisions of the act, to maintenance from 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 ..... of property after the coming into force of the hindu succession act, his heirs as per the schedule, take it in terms of section 8 of the act. the heir or heirs take it absolutely. there is no question of any limited estate descending to the heir or heirs. therefore, when a male hindu dies after 17.6.1956 leaving his widow as his sole heir, she .....Tag this Judgment!
Court : Delhi
Reported in : 148(2008)DLT569; I(2008)DMC605; 2008(102)DRJ159
..... dated 28.07.07 relate to the proceedings under section 20 of the hindu adoption and maintenance act, 1956. proceedings under section 20 of the hindu adoption and maintenance act, 1956 are independent and have no correlation with the proceedings under section 24 and 26 of the hindu marriage act, 1955.24. even otherwise, much water has flown the yamuna since the order dated 27.11.01 of this court awarding a sum of ..... has every right to be brought up as a daughter of affluent parents. at the same time, rs. 24,000/- per annum as tuition charges (computer) and rs. 24,000/- per annum as the tuition charges (math) can be easily avoided. as if the student is attentive in classes and do her/his homework regularly and sincerely at home, no tuition ..... like situation, the welfare and future of the child was to be considered as paramount consideration.13. consequently, the application of the plaintiff under section 151 cpc for enhancement/modification of the order dated 02.05.2006 granting interim maintenance to the ..... required, hence, i am of the considered opinion that rs. 24,000/- per annum as tuition charges (math) can be saved by the plaintiff. after excluding rs. 24,000/- per month as tuition charges (computer) and rs. 24,000/- per annum per annum as tuition charges (math), the average monthly expenditure comes to rs. 11,000/- approximately.... needless to say in such .....Tag this Judgment!
Court : Delhi
Reported in : 1998VIAD(Delhi)91; 4(1998)CLT313; 75(1998)DLT420; 1999(48)DRJ161
..... . in view of clear position of law and according to section 18 of the hindu adoption and maintenance act, 1956, a hindu wife is entitled to maintenance etc. the said section is set out as under:'18. maintenance of wife.: (1) subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained by her husband during ..... her lifetime. (2) a hindu wife shall be entitled to live separately ..... expenses : rs. 2,000 per month domestic help : rs. 1,800 per month conveyance : rs. 1,000 per month telephone : rs. 350 per month electricity : rs. 400 per month water charges : rs. 50 per month house hold furnishing : rs. 100 per month miscellaneous & other out of pocket expenses : rs. 1,800 per month ----------- total : rs. 12,000 per month -----------22 ..... islam.14. it is also mentioned in the written statement that the defendant offered the plaintiff to embrace islam religion but when the plaintiff refused to do so, the defendant married another woman and started living with her. on 27.5.1993 a son was born out of the new wedlock. it is mentioned that all belongings of the defendant .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1971Guj188
..... be noted that hindu adoptions and maintenance act, 1956 is a composite act which deals with the questions of adoptions and maintenance. sections 1 to 17 relate to adoptions, sections 18 to 28 relate to maintenance, section 29 repeals hindu married women's rights to separate residence and maintenance act of 1946 and sub-section (2) of section 30 of hindu succession act of 1956, while section 30 saves the adoptions which are made before the commencement of the act. this section 30 is in ..... contention in any manner. such an executable right can arise in favour of a party as a result of a contract or a statute or by operation of law. therefore, when a person enters into a secular arrangement with another relying upon some well known consequences which follow from that arrangement, then such a person gets a vested interest in taking ..... us is concerned, no such point is involved but it is worthy to note that even in the said supreme court case, the evidence of customary adoption known as 'goda datta' was not in dispute.27. with these remarks we shall now shortly refer to the baroda and bombay judgments referred to above. as stated above, the plaint in the baroda case .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1965Guj270
..... . oza relied on the provisions of the hindu adoptions and maintenance act, 1956, hereinafter referred to as 'the act', but we find nothing in that act which would deprive the plaintiff of her right to arrears of maintenance which had already accrued to her on account of the wrongful withholding by the defendant. section 21(iii) includes a widow in the ..... (3) that the mater being one of discretion, the trial court's discretion in with holding the arrears of maintenance could not be legally interfered with, and (4) that after the hindu adoption and maintenance act, 1956, which came into force on 21-12-56,no such claim of arrears was legally competent. in this connection, mr ..... 18-7-54. the plaintiff's father ex.74 has also stated in his deposition that except giving application they had not raised any other protest when the amount was reduced from rs.90 to rs.50 per month. the defendant in his reply ex.101 to the notice ex.100 has ..... been abolished:(ii) save as expressly provided by or under the provisions of the act, the right of a jagirdars to recover rent or assessment of land or to levy or recover any kind or tax, cess, fee, charge or any hak and the right or reversion or lapse, if any, vested in ..... a jagirdar, and all other rights of a jagirdar or of any person legally subsisting on the said date, in respect of a jagir village s incidents of jagir shall deemed to have been extinguished'. section ii provides .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2000Guj277; I(2001)DMC164; (2000)3GLR2456
..... service. he is in a position to maintain her and it is not the liability of the son to maintain her. the application filed by the respondent under section 20 of the hindu adoptions and maintenance act. 1956 when the husband is alive and has his own earnings, against the son is wholly misconceived. it has next been contended that the learned trial court has found as ..... getting maintenance under section 125 of cr. p.c. looking to ..... this respect, reference may be made to section 125 of the criminal procedure code, 1973 and provisions as contained in hindu adoptions and maintenance act, 1956 and the hindu marriage act, 1956. under section 125 of cr. p.c. 1973, the court cannot grant an amount exceeding rs. 500/-p.m. as maintenance to the wife. in the other acts i.e. hindu adoptions and maintenance act, 1956 and hindu marriage act, 1956, no such ceiling is there. the wife who is .....Tag this Judgment!
Court : Gujarat
Reported in : I(1993)DMC605; (1993)1GLR387
..... june, 1991.the respondent-wife instituted spl civil suit no. 75 of 1991 in the court of civil judge (s.d.), morvi under section 18 read with section 23 for maintenance under hindu adoption & maintenance act, 1956. in the said suit she applied for interim maintenance at the rate of rs. 3,000/- per month by application, dated 21st june, 1991 at exh. 7. in the said application she ..... the husband, the status of the family, and the way in which the respondent-wife has lived with the husband at a point of time when the marital life was not in doldrums and awarded interim maintenance of rs. 1,500/- per month from the date of the application, i.e. 21st june,1991.4. miss rani advani, learned advocate appearing for ..... of mathematical certainty.17. sub-section (2) read with sub-section (1) of section 23 leaves the matter of fixation of amount of maintenance to the discretion of the court while stressing i hat the position and status of the parties, reasonable wants of the claimant, the income and the property of the claimant and the number of persons when the husband is bound to ..... maintain are among the factors and circumstances which must be taken into consideration by the court. in fixing the quantum of maintenance it would be necessary and of primary importance to consider the overall financial position of the husband .....Tag this Judgment!
Court : Chennai
Reported in : AIR1994Mad168; II(1994)DMC562; (1994)IMLJ242
..... facts of particular case.'in that context, the learned judge referred to section 18(2)(a) and (g) of the hindu adoption and maintenance act and said:-- 'the related provising contained in section 18(2)(a) and (g) of the hindu adoptions and maintenance act, 1956, entitles a hindu wife to live separately from her husband without forfeiting her claim to maintenance, inter alia, if the husband is guilty of desertion without reasonable ..... reasoning in the above case, the orissa high court held in kashinath sahu v. smt. devi air 1971 ori 295 that under section 19(1)(b) of the hindu adoption and maintenance act, it is no answer to a charge of cruelly levelled by the wife to say that it was not the husband himself but his mother who had treated her with cruelty. 21. in ..... the opinion that the other passages found in ex. b10 will speak high of the wife and may give an indication how actually the husband was behaving at the time when the said letter was written in 1985: the said passages read as follows:-- '..... there are noble and heroic soulswho find pleasure in giving without any return. they arc real benefactaor ..... . no. 800 of 1993. the appellant in a.s. no. 841 of 1993 shall pay sum of rs. 2,000/-by way of costs to the respondent in that appeal. 27. appeal dismissed. .....Tag this Judgment!