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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Sorted by: recent Court: delhi Page 1 of about 303 results (0.127 seconds)

Apr 04 2018 (HC)

Paramjit Anand vs.mohan Lal Anand (Since Deceased) Through Lrs & Ors.

Court : Delhi

..... her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956. she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchasers for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... s case (supra) had a pre-existing right to maintenance under the hindu adoptions and maintenance act when the property was given to her for maintenance. i would like to note that the provision of hindu adoptions and maintenance act which is not stated in para 29 is the provision of section 18 of the hindu adoptions and maintenance act which gives right to the wife for maintenance from the property of her husband. second line of ..... 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 .....

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Aug 03 2016 (HC)

Reena Jain and Another Vs. Rajiv Kumar Saxena

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... 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 ..... 1) of section 14, sub-section (2) does not come into play. if the acquisition is for the first time, without any vestige of ..... a restrictive estate, which received the colour of pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right. 27. as held by this court, if the acquisition of the property attracts subsection ( .....

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Jul 07 2014 (HC)

Smt. Darshan Vs. Shri Raj Kumar and Others

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... 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 ..... pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play ..... herein (petitioner in trial court or other sons who support the will) inasmuch as sh. raj kumar/petitioner/respondent no.1 in his cross-examination dated 27.10.1999 admitted that he had never seen his father writing and reading and that he cannot recognize all the signatures of sh. amolak ram as he .....

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Feb 21 2014 (HC)

Prem Chand Vs. Ram Nath Deceased Through Lrs.

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... 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 ..... the colour of pre-existing restrictive estate possession by a hindu female, the operation of subsection (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play. if the acquisition .....

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Jan 16 2009 (HC)

Radhika Narang and ors. Vs. Kuldeep Narang and anr.

Court : Delhi

Reported in : 156(2009)DLT637

..... on behalf of the minor children. in this context, he referred to the cause title of the suit itself which stated 'suit for maintenance and separate residence under section 9 civil procedure code read with section 18 and 20 of the hindu adoption and maintenance act, 1956 and for permanent and mandatory injunction.'4. mr. narula submitted that the minor children acquire an independent right of ownership by birth in ..... the property belonging to the husband and hence all its members are also liable to maintain the plaintiff.15. it is also well settled that when a coparceners wife has a right of maintenance it can be made the subject matter of a charge on the property of the coparcenary by a decree of the court. mr. naik, submitted that the right of ..... wives and their children. (see manusmriti chapter 9, section 108; naradasmriti chapter 13, sections 26,27, 28 and 33, mulla's hindu law, 13th edition 1974 para 543 page 591).14. obligation to maintain these persons arises from the fact that the manager is in possession of the family property (see kamlamal v. venkatlaxmi). the hindu adoptions and maintenance act has no doubt provided for the personal liability .....

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Jul 28 2000 (HC)

Ravi Singhal and Others Vs. Manali Singhal and Another

Court : Delhi

Reported in : II(2000)DMC732

..... the plaintiffs/respondents that the suit has not been laid for claiming maintenance under the provisions of hindu adoptions and maintenance act, 1956. as such there is no question of applicability of section 23(1) of the hindu adoption and maintenance act. on a plain reading of the plaint, it can be seen that it is not a suit for maintenance but a pure and simple suit seeking enforcement of the settlement ..... plaintiff. it is also well settled that when a coparcener's wife has a right of maintenance it can be made the subject matter of a charge on the property of the coparcenery by a decree of the court.' 26. full bench of andhra pradesh in ganta kondamma vs . ganta seethamma : air1973ap319 held that the hindu adoptions and maintenance act has undoubtedly brought about some material and ..... is inconsistent with the provisions of the act. 27. similar view was taken by a division bench of rajasthan high court in dhanraj jain vs . smt. suraj bai that the hindu adoptions and maintenance act codifies and amends the law of adoption and introduced radical changes in the prior law. section 4 of the act gives overriding effect to the provisions of the act. however, a codifying statute does not .....

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Nov 29 2019 (HC)

Vinay Varma vs.kanika Pasricha & Anr.

Court : Delhi

..... into force on 26.10.2006, the hindu succession act, 1956 was amended, by which section 6 was amended, with effect from 9.9.2005, to make females coparceners of a joint hindu family and so have a right by birth in the property of such joint family. this being the case, when a member of a joint hindu family will now include a female coparcener as ..... -law out of the house if the property belongs to them. only if it is an ancestral house, the son can enforce partition. the right of the woman to seek maintenance is only against the husband or her children but she cannot thrust herself against the parents of the husband. the court observed as under:-" 8. as observed by the supreme ..... of the matter.16. workable solutions have been found out by courts where the estranged daughter-in-law and her in-laws are under threat of violence from each other. .27. we dispose of the appeal modifying the impugned decree and dispose of the suit filed by the first respondent; decreeing that the appellant would vacate the barsati/first floor of ..... noticed that the definition of domestic relationship contained in section 2(f) is a very wide one. it is a relationship between persons who live or have lived together in a shared household and are related in any one of four ways - blood, marriage or a relationship in the nature of marriage, adoption, or family members of a joint family. a reading .....

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Oct 16 2019 (HC)

Satish Kumar vs.sarjo Devi & Ors

Court : Delhi

..... the documents filed by appellant wherein the name of his father is shown as prem singh. admittedly, when appellant was given to dw3-smt.kailasho devi, she had her elder son alive and per section 15 of the hindu adoption and maintenance act, 1956 she, even otherwise, could not have adopted the appellant since had a surviving son. more so, neither datta homam ceremony nor any other ..... ceremony was ever proved. dw3 smt.kailasho devi had categorically deposed she had never taken appellant in adoption at any time. the natural mother - pw1 ..... of the appellant has also admitted there is no document proving such adoption ..... the suit property of her deceased husband i.e. prem singh who is also the father of defendants as defendant no.1 has already been given in adoption to late shri ram kishan when defendant no.1 was aged about one and a half years. in order to prove her case, the plaintiff has examined herself as pw1 and filed her .....

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Oct 01 2019 (HC)

Colonel Ramesh Pal Singh vs.sughandhi Aggarwal

Court : Delhi

..... against the final judgment. 14. the scope of an order passed by the family courts on an application under section 24 of the hindu marriage act which is mat.app. (f.c.) 211/2017 page 16 of 27 appealable under section 19 (1) of the family courts act, in terms of an order passed by the apex court in shah babulal khimji (supra) has been dealt ..... injunction in circumstances arising out of a marital relationship; (e) a suit or proceeding for a declaration as to the legitimacy of any person; (f) a suit or proceeding for maintenance; (g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. (2) subject to the other provisions of this ..... wards. it is unnecessary to refer to some of the decided cases relating to estoppel based on consent decrees, cited at the bar. orders relating to custody of wards even when based on consent are liable to be varied by the court, if the welfare of the wards demands variation. 19. in case of vikram vir bohra vs. shalini bhalla reported ..... aggarwal case (supra), the division bench of this court has adopted the principles laid down in the shah babulal khimji (supra) case as far as section 24 of the hm act is concerned but declined to extend the scope of section 19(1) of the family courts act in relation to appeal against orders under section 125 cr. p.c. the relevant observations of the division .....

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Sep 06 2019 (HC)

Geetanjali Dogra vs.state & Ors

Court : Delhi

..... the authority to ignore and traverse the provisions of neither the hindu minority & guardianship act, 1956 nor of the hindu marriage act, 1955 nor of the guardians and wards act, 1890.5. other submissions were also made by the petitioner mother of the minor child that the cwc had not considered the request for grant of maintenance of herself and for the child, which has not been ..... minor have essentially to be determined by the family court and cannot fall within domain of the child welfare committee in terms of section 2(14)(iii) of the juvenile justice (care and protection of children), act, 2015 specially when there are proceedings pending before the family court between the parents of the minor child saarthik mehta.18. reliance has been placed on ..... shall ensure that a child shall not be separated from his or her parents against their will, except cm (m) 1140/2018 page 22 of 23 in accordance with applicable when competent authorities subject to judicial review determine, law and procedures, that such separation is necessary for the best interests of the child. such determination may be necessary in a particular ..... rights.25. the respondent no.1 adopts the submissions made by the respondent no.2.26. it is essential to advert to the powers of the cwc in relation to a child in need of care and protection on such child being produced before it.27. section 31 of the juvenile justice (care and protection of children) act, 2015 provides to the effect: 31 .....

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