Court : Mumbai
Decided on : Feb-19-1991
Reported in : 1991(2)BomCR336; (1991)93BOMLR1004; II(1991)DMC548
..... to the wife and it is in this connection this court has observed that there is no inconsistency between the provisions of section 25(1) of the hindu marriage act and those of section 18 of the hindu adoptions and maintenance act, 1956.25. relying on these two decisions, in rajeshbai's case, this court has observed that even after rendering a decree of ..... rights of the suit property.14. the learned judge held, as far as the appellant no. 1 - vaijayanta is concerned, that the claim to maintenance under section 18 of the hindu adoptions and maintenance act, 1956, can be recognised only in respect of a legally wedded wife and is not extended to any other woman under any circumstances. the learned judge came ..... defendant-keru gangarde-deceased, now at the hands of the present respondents and the concerned revenue officer is directed to create such a charge by making the necessary mutation in the record of rights of the suitable property of village mandali tq. karjat dist. ahmednagar in accordance with the provisions of sections 26 and 27 of the hindu adoptions and maintenance act, 1956. ..... of the criminal procedure code in the aid of interpretation of the provisions of section 18 of the hindu adoptions and maintenance act, 1956. the distinction between the right of interim maintenance and permanent alimony under the hindu marriage act on one hand and the right recognised in favour of a wife under the hindu adoptions and maintenance act, 1956, on the other hand, has to be kept in mind and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-15-1991
Reported in : (1991)93CTR(SC)256; 188ITR803(SC); JT1991(1)SC494; 1991(1)SCALE236; (1991)2SCC299; 1SCR448
..... reason of the husband's failure to act upto his statutory obligation to maintain his wife (see section 18(1) of the hindu adoptions and maintenance act, 1956). the wife is of course a sharer of the assets left behind by her husband (see section 8 of the hindu succession act, 1956). this claim was also, in our ..... reason of the charge created by section 74 of the act and that duty has to be deducted from the total value of the estate which is subjected to the levy of duty in terms of section 5. counsel further submits that the amount attributable to the maintenance of the wife ..... : 111itr365(guj) (gujarat), : 127itr642(all) (allahabad) : 132itr871(mad) , (gauhati), : 186itr29(bom) (bombay). this conclusion was adopted by the andhra pradesh high court in controller of estate duty estate of late omprakash bajaj : 110itr263(ap) and it was that decision which was followed by that high ..... property which passes to any person (other than the legal representative of the deceased) on the death of the deceased shall be a first charge on such interest:provided that the property shall not be so chargeable as against a bona fide purchaser thereof for valuable consideration without notice.(3 ..... a death ...' per lord loreburn, l.c., winans and anr. v. attorney general  ac 27. the levy is upon the principal value of such property ascertained as provided under the act. property changes hands at the time of the death, by reason of the death, and, therefore, subsequent .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-30-1991
Reported in : AIR1992Bom189; 1991(3)BomCR165; (1991)93BOMLR817; 1991(2)MhLj1470
..... was lunatic on the date of adoption, it cannot be said that the adoption was invalid on that count. section 6 of hindu adoption and maintenance act speaks about the conditions for valid adoplion. the relevant is section 6(3) which is as follows :'the person adopted is capable of being taken in adoption.'section 10 of the said act mentions the persons who may be adopted or who are capable of being ..... have a right over it,'therefore according to the said division bench when a member of coparcenary governed by mitakshara school is given in adoption, his undivided interest in the coparcenary property would continue to vest in him . even after adoption by reason of the proviso (b) to s. 12 of hindu adoptions and maintenance act. the property vests in a coparcener by birth and hence he ..... action for the suit for partition and separate possession arose on the date of death of father of devgonda. it was no! necessary for the plaintiff to wait till then when according to him it was joint family property. further even this was not pleaded as cause of action. therefore art. 113 was not at all attracted. in my view the ..... the plaintiff of one dr. r. v. shirvaikar who has stated that devgonda was suffering from catatonic schizophrenia. he has further stated that devgonda was treated for his schizophrenia during 1956 and in 1957. he has stated in his evidence as follows :'schizophrenia is a severe type mental disorder which sometimes amounts to insanity as is understood by layman. the variety .....Tag this Judgment!
Court : Chennai
Decided on : Apr-19-1991
Reported in : AIR1992Mad242; (1992)IMLJ160
..... be sustained. here it may be relevant to note that as per s. 20 of the hindu adoptions and maintenance act besides father, mother also is bound to maintain her daughter.10. in the result therefore in so far as the maintenance awarded to the first plaintiff and charge for that amount over half share of the plaint schedule properties is concerned it is confirmed. the ..... which the first plaintiff is now living and she was living with the second plaintiff until her marriage in a portion thereof. under s. 18(1) of the hindu adoptions and maintenance act, wife will be entilled to maintenance from her husband if he has any other wife living. therefore it is clear that from the admitted facts the first defendant is liable to pay ..... suit for rs. 40,000/- towards marriage expenses of the second plaintiff and for rs. 300/- per mensem towards the maintenance of the first plaintiff and rs. 200/- per mensem towards the maintenance of the second plaintiff till her marriage, and a charge over the second schedule mentioned properties of the defendants for all these amounts.3. the first defendant contested the suit ..... contended that the first defendant is without work now, he having been dismissed from his job as an executive officer in the hindu religious and charitable endowments department, and therefore he is not in a position to pay any maintenance to the first plaintiff. but as seen from the schedule of properties in the plaint he is entitled to half share of .....Tag this Judgment!
Court : Karnataka
Decided on : May-28-1991
Reported in : ILR1991KAR3543
..... to follow the procedure followed in bombay earlier as far as possible. but no case of hindu adoption has been brought to our notice. but this court had occasion to examine the claim of a hindu wife to seek independent right of adoption under section 7 of the hindu adoption and maintenance act as section 8 was discriminatory and therefore violative of article 14. one of us who dealt with ..... peculiar to india it appears to be almost an impossible task to have a common guideline or a code on the subject. for instance, when hindu adoption and maintenance act is operative and a hindu child is involved, the procedure for adoption would be governed by the relevant provisions of law in that and other allied laws and not by any executive order or observations made by ..... brought to the notice of the honourable court that the voluntary -coordinating agency - karnataka has not cleared this case. hence, we do not recommend child kavitha for inter-country adoption.date: 27-12-1989place: bangaloresd/-vibha singhsecurity officerkarnataka state council for child welfare bangaloresd/-vice presidentkarnataka state councilfor child welfare bangalore.' from the concluding paragraph, it is evident that the council which .....Tag this Judgment!
Court : Delhi
Decided on : Aug-01-1991
Reported in : 45(1991)DLT35; II(1991)DMC365; 1991(1)DRJ(Suppl)449
..... santosh duggal, j. (1) this is a revision petition against an order of grant of interim maintenance for the daughters of the petitioner, who have filed asuit along with their mother under the hindu adoption and maintenance act, by means of interim application, the wife of the petitioner, who was plaintifi no. i as well as the daughters, ..... plaintiffs no. 2 and 3, prayed for an interim order of maintenance and on consideration of the entire material on record and ..... revision petition and the same is dismissed.(6) it is noticed that by the impugned order, the petitioner was directed to make payment of the maintenance from he date the institution of the suit which according to the counsel for the respondent was 24th may, 1990. it is admitted by the ..... age would be highly inadequate because of present cost of living. it is in recognition of this fact the petitioner does not challenge the quantum of maintenance. his only plea is that before this order was made, he was spending on the major heads of school fee, books etc.(3) there is ..... no material placed by the petitioner on the record that from the date when the suit was filed and up to the date this order is effective he has paid school fee or incurred any other expenses on a major .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-27-1991
Reported in : I(1994)DMC404; ILR1992KAR2172
..... to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties ..... before the date of adoption and prevents the adopted son from re-opening the partition effected after the death of his adoptive father and consequently reaching the property in the hands of the divided members or their heirs'.section 12 of the hindu adoption & maintenance act, 1956, reads thus:'12. an adopted child shall be deemed ..... of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption ..... in the adoptive family: provided that - (a) the child cannot marry any person whom he or she could not have married if he or ..... not involve any question of divesting any person of any estate vested in him and when a widow of a deceased coparcener adopts a child, section 12 proviso (c) does not preclude the adopted child from claiming his share in the joint family properties for if a share is given .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-28-1991
Reported in : (1992)2GLR1317
..... so construed as to mean that the element of domicile is to be totally ignored in the hindu adoptions & maintenance act, 1956 ..... and that a foreign national not domiciled in india and having no moorings in india can claim applicability of the said act to him. the provisions of the hindu adoptions ..... incorporated in section 1(2) of the hindu adoptions and maintenance act unlike section 1(2) of the hindu marriage act. the said provision incorporated in section 1(2) of the hindu marriage act would only mean that hindus domiciled in india and governed by the hindu marriage act continue to be governed by the same law when outside the indian territories. the absence of such extra-territorial operation to the hindu adoptions and maintenance act, 1956 cannot be .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-25-1991
Reported in : II(1991)DMC431
..... act, shall be entitled to be maintained after the death of her husband by her father-in-law :-'provided and to ..... hindu wife, whether married before or after the commencement of this ..... 19 of the hindu adoption and maintenance act reads as under :-'19 (1) a ..... hindu adoption and maintenance act. before i refer to the same, it may be stated that para 559 of the hindu law refers to the right of a widow who is not to succeed to her husband's property to maintenance out of her husband's separate property and out of the property in which he was a co-pacener at the time of his death. section .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-28-1991
Reported in : AIR1991Cal399,(1991)1CALLT342(HC),1991(1)CHN366,II(1991)DMC575
..... , of course, to the fulfilment of any of the conditions mentioned in the clauses (a) to (g) of s. 18(2) of the hindu adoptions and maintenance act, 1956. it appears from evidence on record that the husband himself is living apart from the defendant wife and not that the defendant-wife has left her husband. anyway, a matrimonial ..... do so if not as a dependent as defined in s. 21 of the hindu adoptions and maintenance act or u/s. 28 of the said act but certainly she is entitled to do so and can claim protection u/s. 39 of the transfer of property act.12. section 39 of the transfer of property act reads thus: 'where a third person has a right to receive ..... only short question of law we are called upon to answer in this second appeal is whether the wife has a right of residence in the house of her husband when the husband has wilfully parted with his interest therein in favour of a third person and whether she can be evicted from such house as a licensee by the alienee ..... said premises in lieu of his promise to make a gift of a room in her favour. it was asserted that as a wife her right to maintenance including the right of residence creates a charge upon the disputed premises and if there is any transfer of such property, it was gratuitous one and the same cannot imperil or jeopardise her interest .....Tag this Judgment!