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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Year: 1960 Page 1 of about 23 results (0.139 seconds)

Jan 19 1960 (HC)

Mst. Kalawati Vs. B. Ratan Chand

Court : Allahabad

Decided on : Jan-19-1960

Reported in : AIR1960All601

..... him.5. several considerations lead us to the conclusion that this argument is not well-founded. the hindu adoptions and maintenance act, 1956, repealed the hindu married women's right to separate residence and maintenance act, 1946, section 2 of which provided that a hindu married woman shall be entitled to separate residence and maintenance from her husband, inter alia, 'if he marries again''.it was held in a number of ..... any reason, ceases to live with her husband. we cannot think this to have been the intention of the legislature. in our opinion the word living' in clause (d) of section 18(2) of the hindu adoptions and maintenance act, 1956, means 'alive' and not 'living with him'.8. no other point has been pressed. in the result the plaintiff is entitled to a decree for ..... a new point not taken in the memorandum of the appeal. he submits that the plaintiff is now entitled to maintenance under section 18 of the hindu adoptions and maintenance act (act lxxviii of 1956), which came in force on 22-12-1956, and that her suit for future maintenance should therefore be decreed at rs. 25 per month from that date onward.we have permitted him to rely on ..... decree shall, forthwith be forwarded to the collector, etab, as required by order xxxiii, rule 14, c. p. c. the court-fee payable by the plaintiff shall be a first charge on the decretal amount. .....

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Nov 18 1960 (HC)

Jal Kaur W/O Sadhu Singh Vs. Pala Singh S/O Budh Singh

Court : Punjab and Haryana

Decided on : Nov-18-1960

Reported in : AIR1961P& H391

..... the merits of the case, the learned counsel for the appellant has placed reliance on section 19 of the hindu adoptions and maintenance act no. 78 of 1956, which is in the following terms :-'19. maintenance of widowed daughter-in-law. (1) a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained after the death of her husband by her ..... estate' refers only to the words 'her husband' and not to 'her father or mother'. on this basis, it is argued that the proviso postulates a situation when a widowed daughter obtains maintenance fom her parents during their lifetime.13. the word 'estate' has in law undoubtedlya variety of meaning; it may mean the property of a living man, as also ..... to disentitle a hindu widow of her right to claim maintenance from her father-in-law as provided in section 19(1) of the hindu adoptions and maintenance act, it must be establishedd affirmatively that she is able as of right to obtain maintenance, either from the estate of her husband of from her father of mother. under section 21, widowed daughter is dependant only when, and to the ..... extent that, she is unable to obtain maintenance from the estate of her .....

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Jul 22 1960 (HC)

Ammireddi Ramamoorty (Died) and ors. Vs. Ammireddi Sitharamamma and or ...

Court : Andhra Pradesh

Decided on : Jul-22-1960

Reported in : AIR1961AP131

..... death took place after the coming into operation of the hindu adoptions and maintenance act. 1956. she is not one of the persons within the definition of dependants given in section 21 of that act.'finally, our answer to the first question is that the relevant provisions of the act apply only to estates of hindus whose death overtakes ..... is entitled to a share in the estate of his father, he is refused that share if the connection was adulterous when he was conceived. but even then he is held entitled to maintenance. ii so, it is somewhat difficult to deny that privilege to his mother.'35. the next case which has ..... be distinguished in ilr 48 bom 203: (air 1924 bom 311) on the ground that it was not clear that the husband of khemkor was alive when ranchhor, the person with whom she lived as his mistress, died. in our opinion, this ground of distinction is untenable. in this connection the following ..... to lead a chaste life after the death of the man with whom she lived an adulterous life is not possible of fulfilment according to law when the husband is alive at the time of her paramour's death. the view taken in ilr 12 bom 26, as regards the obligation of ..... on the texts of katyayana and narada alluded to in mitakshara chapter ii, section 1, pi. 27 and 28. in pi. 27 vijnaneshwara says:'heirless property goes to the king, deducting however, a subsistence for the females as well as the funeral charges.....that is excluding or setting apart a sufficiency for the food and raiment .....

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Oct 26 1960 (HC)

Gulzara Singh Nanta Singh Vs. Smt. Tej Kaur

Court : Punjab and Haryana

Decided on : Oct-26-1960

Reported in : AIR1961P& H288

..... she was the dependent of nanta singh. the argument is that a person, who gets the estate of a deceased hindu under a will cannot be considered to be his heir within the scope of section 22(1) of the hindu adoptions and maintenance act lxxviii of 1956. the learned counsel has however not been able to draw our attention to any statute, principle or precedent in ..... ' but it is also at times used in its more general and comprehensive sense as indicating a person upon whom the property devolves on the death of another and hence when the intent is clear the word 'heir' may well be treated as equivalent to 'legatee' or 'devisee'. the true scope, effect and significance of this word is, therefore, in all ..... of is equally well settled that on an appeal it is incumbent upon the appellant to show some reason why the judgment appealed against should be disturbed and when after considering all the circumstances the appellant can only show some nicely balanced calculations which lead to the equal possibility of the judgment on either side being correct, he cannot ..... that she was married to nanta singh about 30 or 35 years ago. in the cross-examination, nothing was elicited which in any way discredited her testimony. in july 1959, when she gave her evidence, she was about 50 years old and she expressly stated that since she had not borne any child to her husband nanta singh, he contracted karewa .....

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Sep 09 1960 (HC)

Sundarambal Vs. Suppiah Pillai

Court : Chennai

Decided on : Sep-09-1960

Reported in : AIR1961Mad323; (1961)1MLJ237

..... . pending the suit she got employed on 1-6-1956, became a convert to christianity and married a christian husband on 7-7-1957. the hindu adoptions and maintenance act, 1956, came into force in the meantime on 21-12-1956. the trial court granted a decree for past maintenance as prayed for but restricted future maintenance upto 23-1-1957 on the erroneous assumption that the ..... her marriage bring and sustain an action to recover past maintenance? on principle and having regard to the nature of the personal right, she cannot.6. from what i have said above, it appears to follow that when once hindu law of maintenance ceases to operate, the right of a hindu to claim past maintenance also ceases automatically. in my opinion, this conclusion inevitably ..... became a christian, she has lost her right to claim maintenance any longer under the act. by reason of section 4, hindu law relating to maintenance is no longer in force either from 21-12-1956. the result, therefore, is that the first plaintiff is not entitled to maintenance either under the act or hindu law of maintenance which has ceased to exist after that date. the question ..... flows from the fact that the right to claim maintenance, past or future, is not a vested right but a personal one depending on .....

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Oct 21 1960 (HC)

Shyamsundar Panda Vs. Shantamani Debi

Court : Orissa

Decided on : Oct-21-1960

Reported in : AIR1962Ori50

..... indicated above. against this decree the present first appeal has been brought. 3. we may make it clear at the outset that in the meantime there has been a legislation (hindu adoptions and maintenance act, (no. 78 of 1956)) which provides in section 18 that if the husband has any other wife living, the wife on that ground alone will be entitled to separate ..... maintenance and separate residence. this act came into force on the 25th december 1956. the position is clear that this provision is not retrospective, but nevertheless it must apply to the claim of the plaintiff after ..... before the second marriage he hadthought it fit to put threat and coercion upon her and in such circumstances nobody with dignity and self respect can accede to such proposal when the fact remains that the plaintiff was rescued with the said police help by an order of the subdivisional magistrate. thereafter the second marriage took place in the year 1948 ..... our view, interest of justice will be sufficiently met if we reduce the amount of maintenance to a sum of rs. 40/- (rupees forty) per month. the arrears of maintenance also will be calculated on the basis of this rate. the order of the lower appellate court regarding charge for separate residence at rs. 1200/- is confirmed. subject to the aforesaid modification the .....

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Oct 10 1960 (HC)

Brejendra Narayan Ganguly and anr. Vs. Chinta Haran Sarkar and anr.

Court : Madhya Pradesh

Decided on : Oct-10-1960

Reported in : AIR1961MP173

..... hindu adoptions and maintenance act, 1956, came into force and the onus of establishing a local, tribal or family custom validating such an adoption was upon those who allege it. no such custom has been set! up to support the agreement or factum of adoption. it is interesting to note that in this case, the agreement of adoption is said to have been made at a time when ..... s.p. bhargava, j.1. this appeal arises out of an application under section 25(1) and (2) of the guardians and wards act (viii of 1890) read with section 6 of the hindu minority and guardianship act, 1956, made in the court of the second additional district judge, jabalpur. the ..... to have his right enforced by adopting the machinery provided in clause 2 of section 25, of the guardians and wards act.18. it has been held in many cases that refusal by person to deliver child to its natural guardian when asked to do so amounts in ..... voluntarily or involuntarily, with the consent of the natural guardian or without it, in my opinion the language of section 25 of the guardians and wards act is sufficiently wide in amplitude to provide adequate remedy for the guardian of the minor to have his right declared ..... effect to a removal from custody. in raghvaiya v. lakshmiah, air 1925 mad 398, it was said:'a ward who was never in the actual custody or charge .....

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Aug 23 1960 (HC)

Nenu Varahalu Vs. Nene Sithamma

Court : Andhra Pradesh

Decided on : Aug-23-1960

Reported in : AIR1961AP272

..... by any of the provisions of act, 78 of 1956 since the defendant, to whom the properties passed by ..... that should be taken into consideration in arriving at the maintenance under the general law and that, in any event, it was to be taken into account under section 23 of the hindu adoptions and maintenance act (act 78 of 1956) after it came into force on the 21st of december, against this, it was maintained that the maintenance to be awarded in this case was not attracted ..... . it arises out of her being a member of her deceased husband's family. at one time, she was entitled to a share when the sons came to a partition. the present right of a widow to maintenance is a relic of a claim to a share in the family property. such a right must be an absolute and an unconditional one ..... definitely laid down that the possession of separate property by a widow or mother would not deprive them of their right to maintenance. we will also presently show that this did not find favour with the madras high court.27. in indu bhushan chatterji v. mrityunjoy pal, ilr 1946-1 cal. 128 rendered by das, j. (as he then was) the point .....

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Jan 11 1960 (HC)

Sachindra Nath Biswas Vs. Sm. Banamala Biswas and anr.

Court : Kolkata

Decided on : Jan-11-1960

Reported in : AIR1960Cal575,64CWN225

..... such a state of affairs, at the time of making an order under section 25(1), may have the consequence that the order for maintenance may have to be rescinded the very next day.11. then again, under section 18 of the hindu adoption and maintenance act, 1956, a hindu wife, during wedlock, becomes entitled to maintenance from the husband, even though living senarately from him. in the following circumstances ..... evidence to the effect the respondent no. banamala was living in adultery with the co-respondent priyanath, even at the' time when the case was being heard. in those circumstances, the learned district judge should not have made any order for maintenance in favour of the wife, respondent no, 1.15. mr. mitter lastly argued that the custody of the daughter should ..... she examine any witness to prove her innocence. the co-respondent priyanath did not contest. on consideration of the evidence the learned district judge came to the conclusion that the charge of adultery was proved against the wife. he, therefore, passed a decree for divorce, dissolving the marriage between the two. banamala, the wife, did not appeal against the decree and ..... get maternal care and attention, which she most needs in her tender years. moreover, the appellant father did not make the least attempt to get the custody of his daughter, when the divorce proceedingswere going on. that is some evidence of want of paternal solicitude in the appellant. to leave the infant uncared for, in a home that the appellant has .....

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Dec 12 1960 (HC)

Bichhu Mallik Vs. Bimala Dei

Court : Orissa

Decided on : Dec-12-1960

Reported in : AIR1962Ori23

..... refers to a case where some agreement was arrived at in a proceeding under section 488 cr. p, c. anj where a suit was brought to enforce that agreement, and it was laid down that such an agreement related to maintenance. under the hindu adoption and maintenance act, 'maintenance' includes in all cases provision for food, clothing, residence, education, medical attendance ..... and treatment prior to the said act also, provision for maintenance under the hindu law included provision for residence. whether the agreement in suit could be carried into execution in a proceeding under section 488 cr. p. c ..... petitioner drove out the respondent and did not take any step to maintain the respondent and the child. the respondent filed a petition under section 488 cr. p. c. for her maintenance and that of the child, alleging that the petitioner had married her. a compromise was arrived at in the same proceeding, and the ..... . is a matter that does not arise for any consideration at present. but there can be no doubt that the stipulations for providing with residence and for supplying cooking materials and utensils relate expressly to maintenance .....

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