Court : Chennai
Reported in : 1999(2)CTC226; (1999)IMLJ685
..... for the respondent has submitted that the abovesaid decisions cannot be relied on, after the enactment of the hindu adoptions and maintenance act, 1956. the learned counsel relying on sec. 25 of the said act has submitted that any alteration or change should be only in accordance with the said section. in support of his submission, he sought to rely on the decisions in meenakshi ammal v. p ..... .250/-per month from the date of filing of the suit till the life time of the first respondent towards maintenance, besides creating a charge over the half share of the second item of the suit property, towards payment of the said maintenance, and for declaration that the first respondent/plaintiff is entitled to the first item of the suit properties, and to ..... of the said act, similar issue had arisen before this court, and the division bench of this court in venkayya v. raghavamma, air 1942 mad. 1 has held that a decree obtained by a hindu wife against her husband for maintenance differs in no important respect from an order for permanent alimony embodied in a decree for judicial separation, and therefore when the wife ..... crl.p.c. would stand on a different footing from a decree of a civil court, particularly when one has to decide the executability or otherwise of the maintenance order on account of the alleged resumption of cohabitation. in my opinion, a decree for maintenance has to be executed as per the terms thereof and there cannot be any modification in the decree .....Tag this Judgment!
Court : Chennai
Reported in : AIR1974Mad329
..... come to that a little later. the question of law raised before ismail j., when the matter came up before the learned judge is that by virtue of the provisions contained in the hindu adoptions and maintenance act, 1956(act 78 of 1956, hereinafter referred to as the act), the unmarried daughter who gets a share in her father's estate is not ..... to him or her by way of maintenance under this act."sections 23 to 27 deal with the quantum of maintenance and other details including as to when maintenance would be a charge. section 28 deals with effect of transfer of property on right to maintenance.5. section 3(b) of the act defines the word 'maintenance' and it is as follows:--"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;" maintenance ..... before ramamurti, j. was one relating to adoption and not maintenance, that in the act there is a specific provision regarding adoption in the shape of section 3 of the act which says that adoption made not in accordance with the provisions of the act shall be void, that there is no such provision regarding maintenance and that therefore there could be no .....Tag this Judgment!
Court : Chennai
Reported in : AIR1965Mad139
..... opinion that the view taken by the lower courts that the first respondent would be entitled to separate maintenance is correct.(10) objection is then taken to the provision for the maintenance of the children. section 29(1) of the hindu adoptions and maintenance act, 1956 creates an obligation on a hindu to maintain his minor children and unmarried daughters. the contention is that as under the law the ..... " is to be given its ordinary interpretation, then all the wives that a man had married at a time when such marriages were lawful, can live without him and yet claim maintenance. therefore, the term "any other wife living" mentioned in the section must be given a restricted meaning like "any other wife living with him". it would perhaps be open to the ..... by this appeal the right of his first wife to live apart form him and claim maintenance for herself and the children born of her. more than 20 years ago, when it was permissible under the law for a hindu to take more than one life, the appellant married the first respondent. within a short time thereafter, he took another wife, who is ..... husband has another wife living with him. as pointed out by the learned educator of mullah's principles of hindu law, 12th edn. the section can apply to cases of marriages solemnised before 18th may 1955, when the hindu marriage act, 1955 came into operation. the said act by s. 5(1) introduces monogamy as the rule of law applicable to hindus. further, s. 17 thereof .....Tag this Judgment!
Court : Chennai
Reported in : (2003)2MLJ90
..... family and only in the said context, her father had executed ex.b3 in her favour. the claim of maintenance of father, mother, widow, etc. is regulated under the hindu adoptions and maintenance act, 1956 (act 78 of 1956). section 18 deals with 'maintenance of wife' and section 19 deals with 'maintenance of widowed daughter-in-law', who is entitled to be maintained after the death of her husband by her father ..... pursuant of the said settlement deed, the settlee, viz., nagammal took possession of the property and has been enjoying. she had leased out the property to one munusami goundar and when there was a threat to her right, she had filed a suit and established her right. 5. the plaintiff and his father subbaroyalu partitioned their properties on 11.2.1971 ..... became the absolute owner of the suit property. as she became the absolute owner of the suit property, she had bequeathed the same to the 2nd defendant under ex.b2. 27. though the will executed by subbarayalu in favour of krishna reddy, the plaintiff under ex.a4 and the will executed by nagammal in favour of adhi lakshmi under ex.b2 ..... made the will on 16.12.1916. it is stated that the defendant's mother nagammal enjoyed the property absolutely and she has executed a will on 27.11.1974, while she was in a sound and disposing state of mind and bequeathed the suit property and other properties in her favour. the will came to force on .....Tag this Judgment!
Court : Chennai
Reported in : AIR2001Mad363
..... of this court in a. s. no. 1187ofl994 dated 4-3-1999. the core question raised in this appeal is as to whether the adoption of a female, prior to the passing of the hindu adoptions and maintenance act, 1956 (78 of 1956) is valid under law?2. one parameswari alias ramabai filed a suit in o.s. no. 11 of 1984 on the file of the ..... , : wherein it was held :'in civil cause, we are concerned only about the probabilities of the case and the decision has to be arrived at on the preponderance of probabilities. when a person declares that a girl is his daughter, brings her up as his daughter declares before authorities that she is his daughter and gives her in marriage, there is ..... nothing wrong in assuming that they have adopted that girl as their daughter.'27. in support of his contentions that the plaintiff was adopted by kuppusamy naicker, as per the family custom, learned advocate for the plaintiff advanced his argument by pointing out that on more than ..... been described as the daughter of kuppusamy naicker, the said recitals would not cloth her with any right as that of a daughter as the very adoption of a female child before passing of the hindu adoptions and maintenance act, 1956 was not permissible. in the said context, any amount of evidence either oral or documentary adduced on behalf of the plaintiff to make it appear .....Tag this Judgment!
Court : Chennai
Reported in : II(2003)DMC111; (2002)3MLJ532
..... defendant. the next question is whether the plaintiff would be entitled for maintenance under section 18 of the hindu adoptions and maintenance act 1956. section 18 of that act to the extent it is relevant reads as follows: 'section 18.(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 ..... any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. thus even under the provisions of hindu marriage act a wife whose marriage was solemnized ..... a concubine. there is no textual authority or statutory authority to be found for such a position, not do we feel justified that we can recognise such a status, especially when the policy of the law is to declare a bigamous marriage as void and, in fact, constitute it as a crime, which is liable to be punished. we are of ..... by the wife order that the husband shall, while the wife remains unmarried, pay to her for her maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the wife. under section 27 of that act, the court may make such provisions in the decree as it deems just and proper with respect to .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1977Bom412
..... . three principal questions were raised before the division bench, and they are: (1) whether, in view of the provisions of ss. 4 and 10(iv) read with section 3(a) of the hindu adoptions and maintenance act, 1956, it is open to the first defendant to prove that there was a custom or usage applicable to the parties which permitted persons who were over the age ..... customs or usages seem to have no effect with respect to any matter for which provision is made in the act. when we read section 4 with section 10, the only interpretation admissible is that if any text or rule or interpretation of hindu law permitted adoption of boys over 15 years in age, they will not have any effect unless a specific provision wag made ..... maintained by the samaj. the various documents referred to by him were handed over to the secretary who was then in charge of the affairs of the association, but no register was ever maintained. prabhakar surekar (d. w. 2) who claims to have been adopted by one radhabai balkrishna in 1961, speaks to his age being 31 years at the dale of ..... the learned advocate appearing for the appellant who sponsored the view, that the adoption of a married person is invalid under the hindu law, it seems that he relied upon certain texts like dattaka chandrika section ii, para 25 (b), t. l. strange's manual of hindu law para 104, page 27 and other compilations of english authors, he drew the attention of the court .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1975Bom115; 1974MhLJ924
..... section 18(2) of the hindu adoption and maintenance act, 1956 were not made out. he die not consider the latter part of clause (e) of section 18(2) of the act ..... carry charge of ..... village when she ..... -section (2) of section ..... -section(2) of section ..... future maintenance shall ..... past maintenance which ..... future maintenance and ..... of maintenance. there ..... actually adopt a ..... is the adoption of a ..... place' or 'act of living' ..... the very act of the ..... surely acts against ..... is known to hindu law by the ..... the act. ..... her maintenance.14. ..... '. under hindu juridical thoughts ..... of section 18( ..... future maintenance would ..... his own act cannot absolve ..... maintenance. he also directed a charge ..... section 18(2)(e) of the act ..... hindu wife to claim maintenance under section 18(2)(e) of the act ..... section 18(2)(e) of the hindu adoptions and maintenance act, hereinafter called as the act, read as under:-'18(1) subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this act ..... act, the right of a hindu wife to maintenance is statutory recognized and is treated as an incidence of her status of marriage. sub-section (1) of section 18 declares her right. sub-section ..... section 18(2)(e) it is clear that these exceptional circumstances under which a hindu wife may claim separate residence and maintenance ..... maintenance, in sub-section (3), disqualifications that operate against a hindu wife in the matter of her entitlement to maintenance have been stated, being unchastity and conversion, the scheme of these three sub-sections .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom235; 1984(1)BomCR222
..... march 1982..14. the present petition has been filed under section 18 sub-section (1) and sub-section (2) (b) of the hindu adoptions and maintenance act, 1956. section 18 sub-sections (1) and (2) (b) are in the following terms:--'section 18(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 ..... to bombay and reached her parents' place on 29th may 1980. on reaching bombay, the petitioner lodged a n. c. complaint with the gamdevi police station against respondent no. 1 charging him with assault.8. the petitioner has also stated that on 17th july 1980, one r. t. suchak, administration income-tax practitioner at kalyan addressed a letter to her forwarding ..... authority :--'a suit on a contract can be instituted in the court which has territorial jurisdiction over the place where the contract has to be performed. on the principle that when the creditor is residing in the realm, the debtor must follow the creditor unless there is a different contract between them, the place of performance must be taken to be ..... petitioner a sum of rs. 5,000/- per month from the date of the petition; thirdly, the petitioner prays for a decree against the respondent for the sum of rs. 27,528/- together with interest thereon at the rate of 18 percent per annum from 21-10-1979 till payment; fourthly the petitioner has prayed that respondents nos. 1 to 5 .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom489; 1983(85)ARBLR291(Bom)
..... this contention that such a right is not conferred either under section 18 or section 20 or that section 151, c. p. c., cannot be called in aid.8. adverting firstly to section 18, hindu adoptions ahd maintenance act, and analysing the section, it would be clear that sub-section (1) confers an absolute right upon the hindu wife to maintenance by her husband during her lifetime. this right is controlled and ..... subject only to sub-section (3) and that is where the wife is unchaste or ceases to be ..... , by relying upon a decision in appanna v. seethamma (reported in : air1972ap62 ) and also upon the provisions of hindu adoptions and maintenance act. he also relied upon the circumstances that section 151, c. p. c., is not a section which confers any substantive rights upon the parties. section 151 is merely a handmaid to the procedural law contained in the code of civil procedure for the purposes .....Tag this Judgment!