Court : Mumbai
Decided on : Mar-20-1992
Reported in : AIR1993Bom160; 1992(2)BomCR648; I(1993)DMC32
..... ) of section 4 of thehindu adoptions and maintenance act, 1956, the proceedings under section 24 of the hindu marriage act, 1955, were not at ail maintainable. it was tried to be contended that an application for maintenance must necessarily fall under section 18 of the hindu adoptions and maintenance act, 1956 and hence, the proceedings under section 24 of the hindu marriage act would be hit by clause (b) of section 4 of the hindu adoptions and maintenance act. the said section 4 reads ..... . as stated earlier, the mathura petition, containing wild and baseless allegations against the wife, was filed on 26th october 1985 but it was obviously erroneously dismissed on 28th november 1985 when the returnable date was 29th november 1985, the wife filed her caveat on 29th november 1985 and the husband lost no time in promptly applying for restitution on 4th december ..... defendant of an advantage accrued to him her in the proceedings.27. the snext contention of the counsel on behalf of the wife that the withdrawal is not bona fide is clearly borne out by the facts and circumstances of the case. though 1 am exercising powers of revision, under section 115 of the code of civil procedure, both the learned counsel .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-10-1992
Reported in : II(1992)DMC167; ILR1992KAR1798; 1992(2)KarLJ357
..... conversion to another religion; (g) if there is any other cause justifying her living separately.' the hindu adoptions and maintenance act, 1956 came into force on 21-12-1956. clause(d) of sub-section (2) of section 18 of the hindu adoptions and maintenance act, entitles the wife to claim maintenance if the husband has any other wife living. it is relevant to note that the statutes which are not inconsistent with ..... , who is arrayed as first defendant and against another sakamma, who is a transferee of the portion of the suit schedule properties on which the plaintiff sought a charge for her maintenance.4. the undisputed facts of the case are that at the time of marriage of the plaintiff siddagangamma with the first defendant basappa, the first wife by name ..... are void ipso jure, that is, void from the very inception, and have to be ignored as not existing in law at all if and when such a question arises. although the section permits a formal declaration to be made on the presentation of a petition, it is not essential to obtain in advance such a formal declaration from a ..... here that procedure to obtain decrees for nullity of marriage either under section 11 or under section 12 of the h.m.act are not included in section 23a. thereafter, provisions regarding maintenance pendente lite, permanent alimony and maintenance, custody of children and disposal of property are found in sections 24, 25, 26 and 27 respectively. provisions for appeals and for enforcement of decrees and orders are .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-11-1992
Reported in : I(1993)DMC605; (1993)1GLR387
..... june, 1991.the respondent-wife instituted spl civil suit no. 75 of 1991 in the court of civil judge (s.d.), morvi under section 18 read with section 23 for maintenance under hindu adoption & maintenance act, 1956. in the said suit she applied for interim maintenance at the rate of rs. 3,000/- per month by application, dated 21st june, 1991 at exh. 7. in the said application she ..... the husband, the status of the family, and the way in which the respondent-wife has lived with the husband at a point of time when the marital life was not in doldrums and awarded interim maintenance of rs. 1,500/- per month from the date of the application, i.e. 21st june,1991.4. miss rani advani, learned advocate appearing for ..... of mathematical certainty.17. sub-section (2) read with sub-section (1) of section 23 leaves the matter of fixation of amount of maintenance to the discretion of the court while stressing i hat the position and status of the parties, reasonable wants of the claimant, the income and the property of the claimant and the number of persons when the husband is bound to ..... maintain are among the factors and circumstances which must be taken into consideration by the court. in fixing the quantum of maintenance it would be necessary and of primary importance to consider the overall financial position of the husband .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-27-1992
Reported in : 1992(2)BomCR61
..... act') for grant of interim maintenance, this court cannot grant any interim relief to the plaintiffs in the notices of motion as prayed for or otherwise and ..... has to be tried as a preliminary issue under the provisions of section 9-a of the code of civil procedure, 1908. mr. vashi has further submitted that assuming this court has the jurisdiction to try to entertain and try the suit, there being no provisions under section 18 of the hindu adoptions and maintenance act, 1956 (hereinafter for brevity's sake referred to as 'the said ..... each and every succeeding month.(b) the defendant is ordered and directed to pay to the 1st plaintiff additional sum of rs. 22,000/- for making payment of arrears of maintenance charges, municipal tax, sinking fund etc. payable in respect of the said flat no. 103 to 'silver casecade co-op. housing society ltd' bandra.(c) notice of motion no. 2240 of ..... . vashi is right in his submission that the said issue is to be tried as a preliminary issue under the provisions of section 9-a of the code of civil procedure, 1908 (hereinafter referred to as 'the said code'). when an objection to the jurisdiction of a court of law to entertain a suit is taken by any of the parties to .....Tag this Judgment!
Court : Chennai
Decided on : Aug-14-1992
Reported in : (1993)1MLJ492
..... if he is equal to her son when the devolution as contemplated under section 15 of the hindu succession act is confined to the sons and daughters including the children or predeceased son or daughter and the husband and consequently upon the basis of the husband. chapter ii of the hindu adoptions and maintenance act, 1956, which reulates adoptions by a male or female hindu does not in any way inhibit ..... the commencement of the act by or to a hindu except in accordance with the provisions contained ..... but a wife could not adopt a soil without being authorised by her husband. an act to amend and codify the law relating to adoptions and maintenance among hindus known as the hindu adoptions and maintenance act, 1956, hereinafter referred to as 'the act' brought about some revolutionary changes in the known law of adoption. the chapter of the act dealing with 'adoption' in section 5 thereof states that no adoption shall be made after .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-27-1992
Reported in : (1992)2CALLT38(HC),96CWN861,II(1992)DMC274
..... and parents when they are unable to maintain themselves. it is applicable and enforceable whatever may be the personal law the persons concerned are governed. sections 24 and 25 of the hindu marriage act, 1955 do not stand in the way of relief under section 125 criminal procedure code section 4(b) of the hindu adoption and maintenance act, 1956 does not override th provisions of section 125. similarly, the provisions of section 18 or ..... 20 of tue hindu adoption and maintenance act, 1956 have not affected the right of the wife or the ..... child under this section the existence of a previous order for alimony does not oust the jurisdiction of .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-27-1992
Reported in : II(1992)DMC623
..... further submitted that assuming this court has the jurisdiction to try to entertain and try the suit, there being no provisions under section 18of the hindu adoptions and maintenance act, 1956 (hereinafter for brevity'ssake referred to as 'the said act') for grant of interim maintenance, this courtcannot grant any interim relief to the plaintiffs in the notices of motion asprayed for or otherwise and as such, the ..... hold that this court has the jurisdiction to entertain andtry the suit and the preliminary issue is accordingly answered.8. mr vashi, then submitted that section 13 of the said act does notprovide for awarding of interim maintenance pending decision on the claim tomaintenance in contest in the suit. in the submission of mr. vashi, this courthas no power to award any interim ..... day ofeach and every succeeding month.(b) the defendant is ordered and directed to pay to the 1st plaintiffadditional sum of rs. 22,000/- for making payment of arrears ofmaintenance charges, municipal tax, sinking fund etc. payablein respect of the said flat no. 103 to'silver casacade co-op.housing society ltd.' bandra.(c)notice of motion no. 2240 of 1991 ..... , mr.vashi is right in his submission that the said issue is to be tried as a preliminaryissue under the provisions of section 9a of the code of civil procedure, 1908(hereinafter referred to as 'the said code'). when an objection to the jurisdiction of a court of law to entertain a suit is taken by any of the parties to thesuit .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-16-1992
Reported in : I(1993)DMC174
..... . this clearly shows that the relationship, may be illicit, has been admitted between the parties. however, the trial court proceeded on the basis that it was an application under hindu adoption and maintenance act and rejected the same ignoring the pleading of an agreement between the non-applicant and the father of the applicant pleaded by the applicant. against the rejection of the application ..... /plaintiff. the equity is also in her favour as admittedly the non-applicant had sexual relation with her and has also begotten a daughter from her. in such a situation, when there is no answer as yet given to the plea that the applicant was minor at the time she was given away in marriage by her father to the non ..... opposed to public policy would also not arise in the case because the applicant has alleged that when she was given away in marriage by her father to the non-applicant she was a minor. she can not therefore, be punished by depriving her of maintenance on the ground that she was trying to enforce an agreement which is opposed to public ..... . the applicant/plaintiff has alleged that she cohabited with the non-applicant for 15 years and when she noted illicit relations of the non-applicant with one gulab bai and objected, she was thrown out of the house by the non-applicant. in the plaint maintenance has been asked for on the basis of an oral agreement also laid to have been .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-25-1992
Reported in : (1993)105PLR397
..... was dismissed in limine. according to the counsel for the petitioner, in proceedings under section 13 of the act, wife was paid maintenance upto march 1991. wife thereafter filed a suit in forma pauperis for maintenance under section 18 of the hindu adoptions and maintenance act, 1956 (in short 'the 1956 act'). her prayer to sue as an indigent person is being contested by the respondent. ..... during the pendency of the application to sue as an indigent person, another application for ad-interim maintenance was filed. this application, on contest, was ..... declined primarily on the ground that the wife is not entitled to maintenance ..... present petition.2. after hearing learned counsel for the parties, i am of the view that the revision petition deserves to succeed. under section 18 of the 1956 act, the wife is entitled to maintenance, this right is given to her because she is a wife. a division bench of this court in puran singh and ors. v. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-19-1992
Reported in : I(1994)DMC554
..... to be legally wedded wife of milkhi singh, filed a suit for maintenance at the rate of rs. 200/- under the hindu adoptions and maintenance act against milkhi singh and another. according to her, milkhi singh has neglected in maintaining her so as compelling her to file the present suit for maintenance creating a charge over the agricultural land measuring 543 kanals 12 marlas as detailed in ..... the wife of milkhi singh defendant opp.(2) if issue no. 1 is proved, to what amount the plaintiff is entitled to as maintenance from the defendant opp.(3) whether the plaintiff is entitled to charge of the maintenance on the property by mentioned in the suit opp(4) relief.5. the trial court on the basis of oral and documentary evidence on ..... previous husband kaku singh, father of moni singh @ sher singh, remarried sarup singh, father of milkhi singh. it is on the occasion of 'barah' ceremony of moni singh @ sher singh when the ceremony of 'chadar andazi' was performed between the plaintiff and defendant milkhi singh and ever since then they had been living as husband and wife and were blessed with ..... with the sole object of depriving her of maintenance allowance, the same does not affect her right of maintenance in any manner.3. in pursuance to the notice issued by the court, defendants put in appearance and is fact balbir singh filed written statement for himself and his father milkhi singh as his attorney on 27.12.1977. the defendants denied that the .....Tag this Judgment!