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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: 1965 Page 1 of about 15 results (0.202 seconds)

Feb 18 1965 (SC)

Amireddi Rajagopala Rao and ors. Vs. Amireddi Sitharamamma and ors.

Court : Supreme Court of India

Decided on : Feb-18-1965

Reported in : AIR1965SC1970; [1965]3SCR122

..... of the act is as follows : '4. save ..... in1948, when lingayya died, in december 1949, when the suit was instituted andalso in 1954, when the suit was decreed by the subordinate judge. the questionis whether this right is taken away by the hindu adoptions and maintenance act,1956, which came into force during the pendency of the appeal to the highcourt. the act is intended to amend and codify the law relating to adoptionsand maintenance among hindus. section 4 ..... to the commencement of the act, the first, second and thirdrespondents were, therefore, entitled to maintenance during their lifetime, outof the estate of lingayya. 4. the claim of an avaruddha stree or woman kept in concubinage formaintenance for her lifetime against the estate of her paramour rested on theexpress text of mitakshara, ch. 2, s. 1, v. 27 and 28 read with v .....

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Jun 25 1965 (HC)

Ramaswamy Goundar and anr. Vs. Baghyammal and ors.

Court : Chennai

Decided on : Jun-25-1965

Reported in : AIR1967Mad457

..... not entitled to the benefit of section 39 of the transfer of property act any longer.. on that basis he argues that the charge given by the courts below in favour of the plaintiff over the a schedule properties cannot be maintained.3. the hindu adoptions and maintenance act, 1956 is no doubt an act to amend and codify the law relating to adoptions and maintenance among hindus. chapter iii of ..... this act contains provisions relating to maintenance of wife, widowed daughter-in-law, children, aged parents and certain categories of persons included in the definition of dependents. the chapter also provides for the determination of the amount of maintenance and as to when maintenance will ..... be a charge .....

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Nov 15 1965 (HC)

Pamjula Venkatramayya Vs. Pamjula Mahalakshmamma

Court : Andhra Pradesh

Decided on : Nov-15-1965

Reported in : AIR1966AP289

..... when there is neither any allegation nor any proof of the fact that this allegation affected her physical or mental health, 6. in order to appreciate this contention it is necessary to read the relevant portion of section 18 of the hindu adoption and maintenance act (hereinafter called the act). '18. (1) subject to the provisions of this section, a hindu ..... such accusations may have been provoked by the cruel conduct of the other spouse. what must follow is that malicious charges of adultery persistently made in bad faith may fall under section 18(2)(b). if in the light of the entire facts of the case the court is satisfied that the ..... that our divorce law is based on the english law and after holding that the allegations of unchastity against the wife are as unproved as the charges of adultery against the husband made the following observation: 'i cannot agree with mr. thyagarajan that making such statements of othello-like jealousy against ..... , therefore, that the totality cannot pass the test. 9. in king v. king, 1953 ac 124 it was held that in considering a charge of cruelty by nagging the right approach is not to ask first whether the conduct of the respondent spouse was cruel in fact and then to ..... the principle enunciated first in russell v. russell, 1897 ac 395 by the house of lords. in that case it was held that a false charge of having committed an unnatural criminal offence brought by a wife against her husband although published to the world and persisted in after she did not .....

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Dec 16 1965 (HC)

A.P.K. Narayanaswami Reddiar Vs. Padmanabhan (Minor) and ors.

Court : Chennai

Decided on : Dec-16-1965

Reported in : AIR1966Mad394; (1965)2MLJ318

..... , with reference to ss. 5(1), 11 and 25 of the hindu marriage act, 1955 and s. 18(1) of the hindu adoptions and maintenance act 1956, that although a woman may not be a wife, in the context of a valid marriage, still she may be so regarded for certain purposes. sec. 5 of the former act enacts that a marriage may be solemnised between any two hindus ..... a and c in the plaint, in fixing the quantum of maintenance. we have been taken through the will relating to these properties. it appears to us that the will merely created a charge on the properties for performance of certain named charitable objects. we are of opinion, therefore, that the court below ..... is the third child of the first defendant and from the date given in the birth extract, there can be no doubt that the third plaintiff should have been conceived when the fourth plaintiff and the first defendant were living together. the other point is that the court below was not justified in taking into account the properties covered by schedules ..... of rs. 10 per mensem towards their residence. the decree also directed the first defendant to pay plaintiffs past maintenance for a period of three years at the said rate. the properties described in the plaint b schedule were charged with the maintenance so decreed. the suit was instituted in forma pauperis for partition and separate possession of the first plaintiffs one fifth .....

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May 20 1965 (HC)

Menokabala Dasi Vs. Panchanan Seal

Court : Kolkata

Decided on : May-20-1965

Reported in : AIR1966Cal228,69CWN938

..... , whenever there is such a change of circumstances as would justify a change in the rate.. .... .. section 25of the hindu adoptions and maintenance act, 1956, now lays down that the amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of the act, may be altered subsequently if there is a material change in the circumstances justifying such alteration ..... decree could be reduced. after relying on the decision in trimbak's case, ilr (1941) nagpur 437 : (air 1939 nag 249) mentioned above, the learned judges held that when the amount of maintenance was fixed in a decree, the figure stood until it was varied by a second decree in a separate suit brought for the purpose, unless the original decree on ..... property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. 2. if the court is satisfied that there is a change in the circumstances of either party at any time after it has ..... -decretal changes in the circumstances or in the relations of the parties. no authority has, however, been cited to show that such modifications could be made on application in execution when the decree contains no provision in that behalf.'5. in gopikabai v. dattatraya, (1900) ilr 24 bom 386 there was no provision in the decree for reducing the rate of .....

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Apr 09 1965 (HC)

Sou. Ramabai W/O Ambadas Vs. Meerabai D/O Narayan Rao

Court : Madhya Pradesh

Decided on : Apr-09-1965

Reported in : AIR1967MP86

..... , came into force, the question of grant of maintenance to the plaintiff-respondent would be governed by sections 21 and 22 of the act and as the appellant was not a dependant of nilkanth within the meaning of ..... to relinquish personally or through his guardian. it is in evidence that ramabai was born on 9-12-1942 about three months after her father's death. at the time when ex. d-1 was executed by her mother, smt. gangubai, she was only six years of age. smt. gangubai therefore as her guardian had no right to relinquish her rights ..... a charge over the property in the possession of the defendant which she got from her brother, the deceased nilkanth. this appeal is directed against this decree of the trial court. 6. the first contention raised by shri p. r. padhye, learned counsel for the appellant, is that as the maintenance was claimed after the hindu adoptions and maintenance act, 1956, (no. lxxviii of 1956), hereinafter called the act .....

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Apr 23 1965 (HC)

Ankush Narayan Shingate Vs. Janabai Kom Rama Sawat and ors.

Court : Mumbai

Decided on : Apr-23-1965

Reported in : AIR1966Bom174; (1965)67BOMLR864; 1966MhLJ92

..... 14 are general issues relating to the relieves claimed in the suit. the learned judge held that the plaintiff had not been validly adopted son of deceased narayan and defendants no.1 tanubai under the hindu adoptions of and maintenance's act, 1956 and had, therefore not succeeded to the state of deceased narayan. he accordingly answered issue no.7 in the affirmative. he therefore, dismissed ..... step -mother of the adopted child. even when a widower or bachelor adopts a child and he gets married subsequent to the adoption, his wife becomes the step - mother of the adopted child. when a widow or an un married woman adopts a child, any husband she marries subsequent to adoption becomes the step - father of the adopted child. the true effect of these sections to adoption arrived at by emphasizing ..... the phrases 'family of its adoption' and/or 'adoptive family' we have no doubt that .....

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Jun 25 1965 (HC)

Ramaswamy Goundar and anr. Vs. Baghyammal and ors.

Court : Chennai

Decided on : Jun-25-1965

Reported in : (1966)2MLJ579

..... not entitled to the benefit of section 39 of the transfer of property act any longer.. on that basis he argues that the charge given by the courts below in favour of the plaintiff over the a schedule properties cannot be maintained.3. the hindu adoptions and maintenance act, 1956 is no doubt an act to amend and codify the law relating to adoptions and maintenance among hindus. chapter iii of ..... this act contains provisions relating to maintenance of wife, widowed daughter-in-law, children, aged parents and certain categories of persons included in the definition of dependents. the chapter also provides for the determination of the amount of maintenance and as to when maintenance will ..... be a charge .....

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Nov 04 1965 (HC)

Munagala Munemma Vs. Munagala Chengiah Chetty and anr.

Court : Andhra Pradesh

Decided on : Nov-04-1965

Reported in : AIR1967AP40

..... for residential accommodation. she gave a schedule of the properties owned by the defendants to justify her claim for maintenance etc., and asked for a charge on those properties.(3) the defendants contested the suit stating that the properties shown in the schedule to the plaint gave an exaggerated account ..... without any residential accommodation. but it is urged for the respondents defendants that their means and resources do not justify any enhancement of the rate of maintenance indeed they say that in no event can the rate be increased from rs. 50 a month. i do not think this is the inference that ..... had considerably risen and that the sum of rs. 30 was all too inadequate to maintain herself. the plaintiff, in view of the altered circumstances, claimed maintenance at the rate of rs. 200 per month. she also claimed rs. 200 a year for her clothing and a sum of rs. 20 a month ..... -fee payable to the government in the suit as well as in this appeal will be recovered from the plaintiff.(11) for the maintenance, a charge will be given on the properties over which the decree of the lower court has given a ..... of the assets of the defendants and that the plaintiff cannot be given any increased maintenance.(4) the learned subordinate judge, after going into the matter, passed a decree enhancing the plaintiff's maintenance .....

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Aug 20 1965 (HC)

Rangubai Vs. Laxman Lalji Patil

Court : Mumbai

Decided on : Aug-20-1965

Reported in : AIR1966Bom169; (1966)68BOMLR74; ILR1966Bom728

..... namely that the share to which the wife or widow is entitled at partitions is lost to her by reason of if not s. 4 of the hindu succession act and at any rate s. 4 of the hindu adoptions and maintenance's act, 1956 the section being worded in similar terms both sections so far as relevant areas follows.:'4 (1) save as otherwise expressly provided in this ..... observations of mitter j, in sheo dyal tewaree v. judoonath tewaree, [1868] 9 s wr 61, which are as follows:'............................the mother or the grandmother is entitled to a share when sons organza's divide the family estate between them selves but [that] she cannot be recognized as the owner of such until the division is actually made, as she has ..... rights has not been regarded by the sharstris as originating in the partition, though a separate effect in thus given to it [mitak, ch i sec vii., pl i] in the case at i west and buhler, 27, q 10 and the in several other cases, as at 2 wast, and buhler 29 ,the widow has been pronounced entitled to a share ..... equal to that of a single son who is being such could not make partition is the sence to which the text of the mitakshara directly applices. that this shars is not a mere maintenances to .....

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