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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: 1973 Page 1 of about 23 results (0.231 seconds)

Mar 26 1973 (HC)

Karuppana Gounder and anr. Vs. Chinna Nachammal and ors.

Court : Chennai

Decided on : Mar-26-1973

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 .....

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Jul 09 1973 (HC)

K.M. Adam Vs. Gopalakrishnan

Court : Chennai

Decided on : Jul-09-1973

Reported in : AIR1974Mad232

..... obligation on his part to maintain his illegitimate son by a hindu concubine. by virtue of clause (b) in the explanation in section 2(1) of the hindu adoptions and maintenance act, 1956, the respondent is and has to be considered as a hindu because one of his parents, in his case his mother is a hindu. the act is therefore applicable to the respondent minor. it is equally clear ..... that it does not apply to the appellant who is a mohamedan. but sub-sec. (3) of section 2 is ..... to the effect that the expression 'hindu ..... the appellant.2. it is pressed upon us for the appellant that neither under the personal law of the relative parties, nor the provisions of the hindu adoptions and maintenance act of 1956, is the respondent entitled to maintenance against the appellant. the claim has to be sustained only with reference to the statutory provisions, if at all, for under the personal law of the .....

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Apr 25 1973 (HC)

Ganta Kondamma Vs. Ganta Seethamma

Court : Andhra Pradesh

Decided on : Apr-25-1973

Reported in : AIR1973AP319

..... question involved. that is how the case has come before us.8. the question thus arises on section 25 of the hindu adoptions and maintenance act ( hereinafter called the act ) which was passed for protecting the rights of maintenance of those who are entitled to such maintenance adequately. while we construe the section so as to produce the effect intended by the legislature, we ought not, in construing it ..... , it cannot be so construed.32. when it is not disputed that under the traditional hindu law as well as even after the act came into force, it is possible for a widow to relinquish her right of maintenance, we fail to see how the previous operation of such law can be disregarded because of section 25 of the act. it seems to us even in ..... deed of relinquishment would not automatically become a transfer of property. if relinquishment means the extinction of right, we fail to see what would be left for transfer or sale.27. in the instant case the deed (exhibit b-1) is a plain relinquishment of right to maintain executed by the plaintiff entitled to be maintained in favour of the husband ..... decisions however, lay down only one thing and that is that notwithstanding any agreement by a widow or other maintenance holder not to claim higher rate of maintenance, even when changed circumstances warrant, such a person would be entitled to enhanced maintenance under section 25 of the act if there has been a material change in the circumstances.24. it must be borne in mind that .....

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Dec 04 1973 (HC)

K. Kanthimathi Vs. S. Parameswara Iyer

Court : Kerala

Decided on : Dec-04-1973

Reported in : AIR1974Ker124

..... there was a de facto separation due to exigencies of his employment. this is not sufficient to attract section 18(2)(a) of the hindu adoptions and maintenance act, 1956. equally unsustainable is the view of the learned munsiff, that section 18(2)(b) is attracted. he proceeds on the basis that the appellant was illtreated by her ..... her suit for maintenance on 1-7-1970. by this time the respondent was residing in his house, he having been transferred to and stationed at trivandrum in 1969. 3. the respondent applied for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 which reads: '9. (11 when either the husband ..... the presence of the respondent on 18-8-1968 in his house, though she categorically denied his presence on that occasion when she was subsequently examined as p. w- 1 in the maintenance proceedings. the respondent also has sworn in both the proceedings to his case. nothing was brought out to discredit him. ..... with her husband in privacy. the husband no doubt hag got the right to choose the domicile for the wife and she should follow him when that domicile is one which is not legitimately repugnant to her and injurious to her health, etc. in all these matters as pointed out in ..... bringing rs. 5,000/-. on that day, it is her version, that she was beaten and sent out she also swears that during the occasions when the respondent wag there, they were not allowed to be together sharing each other's company. the evidence given by the appellant as a whole .....

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Apr 23 1973 (HC)

indira Bai Patel Vs. B.A. Patel

Court : Andhra Pradesh

Decided on : Apr-23-1973

Reported in : AIR1974AP303

..... the compromise decree is a bar. this view of the court below is erroneous and unsustainable. prior to the hindu adoptions and maintenance act, 1956 (hereinafter referred to as the 'act') an agreement by a hindu widow with her husband's coparceners to receive a certain amount of maintenance per month or per annum and not to claim increase in future , was held to be valid and binding ..... fact that plaintiff infact lived with the defendant and the other members of the family in the house at sultan bazar, hyderabad after the death of her son till 1961 when she filed the previous suit. we are, therefore, satisfied that madhukar died as an undivided member of the defendant's family and there was no severance of status entitling the ..... compromise decree as there is no restriction with regard to the nature or type of the decree. the very intendment and object of section 25 being to benefit the maintenance holder and thereby permit her to plead higher rate of maintenance in altered or changed circumstances , the expression 'a decree of court' used therein must be construed liberally so as to take in ..... entered into a compromise whereunder a sum of rs. 65/- per month was payable by the defendant to the plaintiff towards her maintenance and two rooms in the plaint 'b' schedule house were allotted for the residence with a charge created on some of the family properties. the present suit was instituted in forma pauperis on 31-10-1964 for cancellation of .....

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Mar 02 1973 (HC)

Kaithakulangara Kunhikannan Vs. Nellatham Veettil Malu

Court : Kerala

Decided on : Mar-02-1973

Reported in : AIR1973Ker273

..... hindu adoptions and maintenance act, 1956 deals with the right of a hindu wife to claim separate residence and maintenance from her husband. section 18(3) reads:'a hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a hindu by conversion to another religion.'8. in view of the above provision, it was contended that when under the hindu adoptions and maintenance act ..... very foundation of a claim for asking judicial separation and that claim is accepted by a court notwithstanding that finding the respondent against whom that finding has been entered, can claim, as of right, to be awarded maintenance under section 25 of the act'the learned judge answered the above ..... or starving allowance. when she is earning a living and is not in helpless position her right to maintenance, even of the bare subsistence disappears for the allowance is meant to pre-vent 'starvation' 'in 1966 ker lt 891 = (air 1967 ker 181) vaidialingam, j. posed the question in the following manner:'where a charge of adultery is the ..... just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.'the above provision does not affect the jurisdiction of the court to grant maintenance depending on the grounds decreeing judicial separation or for divorce. section 25(1) of the hindu marriage act, no doubt, confers a discretion in the court to award .....

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Feb 27 1973 (HC)

Udayanath Samal Vs. Siri Dei and anr.

Court : Orissa

Decided on : Feb-27-1973

Reported in : AIR1973Ori196

..... .8. the only controversy between the parties is as to whether the maintenance by the court below is to be made a charge on the suit properties. mr. rahonoma learned counsel for appellant rightly contends that under section 18 of the hindu adoptions and maintenance act (hereinafter to be referred to as the act), a hindu wife shall be entitled to be maintained by her husband during her lifetime ..... air 1957 andh pra 710. manikyam v. venkayamma, his lordship in the decision reported in air 1960 mad 42 held that although the right of the wife to separate maintenance does not form a charge upon her husband's property ancestral or self-acquired, vet when it becomes necessary to enforce or preserve such a right effectively, it could be made a specific ..... in air 1960 mad 42 which clearly lays down that in exceptional circumstances when the conduct of the husband in dealing with his properties leads the court to think that his wife's right to get maintenance is being imperilled, then only the court would be justified in creating a charge upon the properties belonging to the husband even in the hands of ..... 1963 pat 74. sheodeni kuer v. umashankar the relevant portions of which are quoted below:'section ,39, t. p. act is intended to protect persons who are entitled to receive maintenance from the profits of any immoveable property. but the right to receive maintenance under section 39 is available only when the transferee has notice thereof or if the transfer is gratuitous. this right cannot be .....

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Feb 16 1973 (HC)

Thakur Chandra Singhji Istmradar Vs. Hamir Singh Raja Janak Singh

Court : Rajasthan

Decided on : Feb-16-1973

Reported in : AIR1973Raj261; 1973()WLN219

..... overriding effect to it. section 22 lays down that the heirs of a deceased hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased ..... by sub-section (1) of section 78 of the act would apply only if it can be postulated in the facts and circumstances of the case that the compensation commissioner was required to settle, decide or deal with any question about the compensation of maji chohanji.15. apart from this before the death of maji chohanji hindu adoptions and maintenance act, 1956 had come into force. section 4 of ..... this act gives an .....

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Aug 02 1973 (HC)

Kisan Shoram Leva and anr. Vs. Hari Totaram and ors.

Court : Mumbai

Decided on : Aug-02-1973

Reported in : AIR1974Bom65; 1973MhLJ906

..... out of place to mention that this principle has been given effect to in section 12 of the hindu adoptions and maintenance act, 1956, which came into force on 21-12-1956, where while setting out the effects of adoption the legislature has clearly provided in clause (c) of the proviso to this section that the adopted child shall not divest any person of any estate which vested in him ..... /1 situated at mouza borkhedi, taluq malkapur, district buldana, died in 1953 leaving behind rukhmabai, defendant no.1, the hindu succession act came into force on 17-6-1956. plaintiff hari was adopted by rukhmabai on 27-7-1956, and after the adoption of the plaintiff ..... binding on the plaintiff.the trial court held that the plaintiff was duly adopted by the defendant no.1 on 27-7-1956 and that he had become the owner of the suit property by virtue of being the adopted son of totaram. it held that as a result of the adoption, the defendant no.1 was divested of the suit property and she had ..... question of law which arises in this appeal is whether plaintiff hair who was adopted on 27-7-1956 by rukhmabai widow of totaram who died in 1952, could divest rukhmabai of the property which had absolutely vested in her by virtue of the provisions of section 14 of the hindu succession act, 1956. the question arise thus: totaram, the original owner of field survey no. 67 .....

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Nov 15 1973 (HC)

M.S.M. Ratnaswami Nadar Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Nov-15-1973

Reported in : [1975]100ITR669(Mad)

..... the settlement deeds were executed in fulfilment and discharge of a legal liability cast on a hindu father to maintain and educate his sons, especially, minors. section 20 of the hindu adoptions and maintenance act, 1956, dealing with the right of maintenance of children and aged parents, states that a hindu is bound during his lifetime to maintain his legitimate or illegitimate children and his aged or ..... the conclusion that the assessee has transferred more than one-third of his total wealth in favour of his minor sons for their maintenance, when he had a further liability of maintaining a daughter and getting her married and when there is a possibility of the assessee begetting more children and that, therefore, it cannot be said that the transfer of ..... to this object we have to consider the meaning of the word' adequate consideration' in the provision. the word 'consideration' has not been defined in the act. the indian contract act defines 'consideration' as : 'when, at the desire of the promisor, the promisee or any other person has done or abstains from doing, or does, or abstains from doing, or promises ..... been placed only upon love and affection. the words 'adequate consideration 'denote consideration other than mere love and affection, which, in the case of a wife, may be presumed. when the law insists that there should be 'adequate consideration' and not 'good consideration', it excludes mere love and affection. they may be good consideration to support a contract, but .....

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