Court : Rajasthan
Decided on : Apr-27-1993
Reported in : 1994(3)WLC183
..... held that the expenses for the marriage of a daughter of a hindu family is a legitimate charge on the family estate and the hindu father is bound to meet the expenses of his daughter's marriage. the responsibility of the father has been statutorily recognised by section 20 of the hindu adoptions and maintenance act, 1956.30. in t.s. srinivasan v. cet : 93itr146(mad) it ..... full bench of the madras high court in subbayya v. ananda ramayya, air 1929 mad 586.28. the provisions of section 6 of the hindu succession act also contemplate devolution of the property. in accordance with the provisions of the hindu adoptions and maintenance act, 1956, it is the obligation of the father to spend money for the marriage of his unmarried daughter during his lifetime and ..... according to the provisions of section 23 of the said act, the liability can be enforced against the father after his death. however, after his death, the asset is liable if a specific charge has been created ..... must be taken of the joint family property in the hands of the manager and other members of the family, according to the rule laid down in the next following section.'27. the matter with regard to the deduction for provision for the marriage expenses of an unmarried daughter of the deceased has to be considered in the light of the provisions .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jun-11-1993
Reported in : 1993(1)ALT(Cri)211; 1993CriLJ2930; II(1993)DMC110SC; JT1993(4)SC22; 1994(0)MPLJ1; 1993(3)SCALE1; (1993)3SCC406; 3SCR954
..... and 28 the view taken but liberality of interpretation was injected to justify the view. it was expressed that when the right of the wife to maintenance was assured under section 125 of the crpc, 1973 and section 18 of the hindu adoptions and maintenance act, 1956 and when that right of the wife was not being disputed, the court, in order to avoid multiplicity ' of proceedings could give effect ..... v. hirabai air 1962 bombay 27 - vol. 49, a learned single judge of the bombay high court took the view that in order to confer jurisdiction upon the court to proceed under section 25(1) there must be a decree as contemplated under the hindu marriage act and one of the decrees can be under section 10(1)(b). and when the petition was allowed to ..... salvage the remedial intendment, the court must adopt it. of course, if the language of a statute does not admit of the construction sought, wishful ..... provision however has two peculiar features:(i) the provision applies to all and not only to hindus; and(ii) maintenance allowance cannot exceed a sum of rs. 500/- per mensem.but this is a measure in the alternative to provide destitute wives.27. this court has ruled that if the language used in a statute can be construed widely so as to .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-19-1993
Reported in : 1994(2)BomCR77; (1994)96BOMLR480; I(1995)DMC29
..... decree charged in the said decree.7. mrs. kulkarni further relied on the judgment of learned single judge of this court in the case of narayan hulshing pardeshi & another v. kasturbai champlal pardeshi i.l.r. 1977 bom 2213. learned single judge of this court was pleased to hold that under section 22 of hindu adoptions and maintenance act, 1956, only persons liable for maintenance ..... it would include done, devisee near relations or strangers or gratuitous transferees with notice of her right. noticing that the word 'heir' is advisedly omitted in section 28 of the hindu adoptions and maintenance act, 1956, the learned judge went on to observe:'therefore, regardless of the fact whether the property passed on to heirs on succession, intestate or testamentary or on transfer ..... are the heirs of the deceased hindu and that too out of the estate inherited by the deceased to maintain the dependants. in that case, order of ..... 2. shri v.r. sonwalkar, learned counsel for the petitioner, contended that the obligation to pay maintenance if crystalized in the form of a decree does not remain personal one and the decreeholder is entitled to follow the property particularly when a charge is created on it. he further submitted that heirs required to be brought on record in this .....Tag this Judgment!
Court : Chennai
Decided on : Dec-15-1993
Reported in : AIR1994Mad168; II(1994)DMC562; (1994)IMLJ242
..... facts of particular case.'in that context, the learned judge referred to section 18(2)(a) and (g) of the hindu adoption and maintenance act and said:-- 'the related provising contained in section 18(2)(a) and (g) of the hindu adoptions and maintenance act, 1956, entitles a hindu wife to live separately from her husband without forfeiting her claim to maintenance, inter alia, if the husband is guilty of desertion without reasonable ..... reasoning in the above case, the orissa high court held in kashinath sahu v. smt. devi air 1971 ori 295 that under section 19(1)(b) of the hindu adoption and maintenance act, it is no answer to a charge of cruelly levelled by the wife to say that it was not the husband himself but his mother who had treated her with cruelty. 21. in ..... the opinion that the other passages found in ex. b10 will speak high of the wife and may give an indication how actually the husband was behaving at the time when the said letter was written in 1985: the said passages read as follows:-- '..... there are noble and heroic soulswho find pleasure in giving without any return. they arc real benefactaor ..... . no. 800 of 1993. the appellant in a.s. no. 841 of 1993 shall pay sum of rs. 2,000/-by way of costs to the respondent in that appeal. 27. appeal dismissed. .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-19-1993
Reported in : I(1994)DMC62; ILR1994KAR259; 1993(4)KarLJ372
..... section 4 of that act this provision must override section 13 of the cochin thiyya act 7 of 1107 under which the obligation is cast only on the ..... therefore, there is no warrant for holding that both the father and mother are jointly liable for the maintenance of their unmarried daughter,'11. the high court of kerala in baby sarojani's case2 has observed as under:'under section 20 of the hindu adoptions & maintenance act, 78 of 1956 both parents (if they are hindus) are bound to maintain their minor children and by reason of ..... same amount is decreed from the date of the suit till he attains majority.15. at this juncture, it is necessary to notice that under section 3(b) of the hindu adoptions and maintenance act (hereinafter referred to as the act) 'maintenance' includes - (i) in all cases, provision for food, clothing, residence, education and medical attendance and reatment; (ii) in the case of an unmarried daughter, ..... by the defendant is established and matters incidental to the same are concerned, it is needless to say that this court cannot go into these aspects in a second appeal when there is concurrent finding with reference to those aspects.18. in the result, this appeal is liable to be dismissed. accordingly, the same is dismissed, i make no order .....Tag this Judgment!
Court : Delhi
Decided on : Jul-06-1993
Reported in : II(1993)DMC547; 1993(26)DRJ46
..... no separate provision in the hindu adoptions and maintenance act, 1956 (for short the act), for grant of maintenance pendente lite. section 18 of the act, under which the case of the plaintiff in essence is based, only provides for maintenance to a hindu wife, subject however to the two exceptions, carved out in sub-section (3) of section 18 of the act, which extinguish the right of a hindu wife to a separate residence ..... , has prima facie shown sufficient facts which entitle her and require that she should be given some amount as interim maintenance.10. the next question which remains to be considered is as to what should be the amount of interim maintenance particularly when, based on professional accounts of defendant no. 1, it is strenuously urged on his behalf, that he does not ..... the wife is residing separately from the husband not under any of the circumstances enumerated under sub-section (2) of the said section or is unchaste or has ceased to be a hindu by conversion to another religion.8. that being the position in law, when it is imperative for the husband to maintain his wife, it does not stand to any reason ..... is whether the moveable and immovable assets belonging to the other defendants could also be taken into consideration for determining the earning capacity and social status of the husband particularly when it is alleged that all the assets acquired by the defendants, including defendant no. 1, are out of the joint family business being run under the name and style .....Tag this Judgment!
Court : Delhi
Decided on : Jul-06-1993
Reported in : AIR1994Delhi234; 51(1993)DLT588; 1993(26)DRJ469
..... no separate provision in the hindu adoptions and maintenance act, 1956 (for short the 'act'), for grant of maintenance pendente lite. section 18 of the act, under which the case of the plaintiff in essence is based, only provides for maintenance to a hindu wife, subject however to the two exceptions, carved out in sub-section (3) of section 18 of the act, which extinguish the right of a hindu wife to a separate residence ..... has prima facie shown sufficient facts which entitle her and require that she should be given some amount as interim maintenance. (10) the next question which remains to be considered is as to what should be the amount of interim maintenance particularly when, based on professional accounts of defendant no.1, it is strenously urged on his behalf that he does not ..... the wife is residing separately from the husband not under any of the circumstances enumerated under sub-section (2) of the said section or is unchaste or has ceased to be a hindu by conversion to another religion. (8) that being the position in law, when it is imperative for the husband to maintain his wife, it does not stand to any reason ..... is whether the moveable and immoveable assets belonging to the other defendants could also be taken into consideration for determining the earning capacity and social status of the husband particularly when it is alleged that all the assets acquired by the defendants, including defendant no.i, are out of the joint family business being run under the name and style .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-10-1993
Reported in : AIR1993AP336; 1993(2)ALT503; I(1993)DMC535
..... act contemplates a statutory presumption. the working of s. 16 is very significant. whenever any document registered under any law for the time being in force is produced before any ..... that there was a giving and taking as required by the hindu law.'with utmost respect to the learned judge i have to point out that the above quoted passage overlooks the statutory provision of section 16 of the hindu adoptions and maintenance act. s. 16 of the ..... rao v. vadaga atchutamma (supra) contains the following passage :'even under the hindu adoptions and maintenance act, the legal requirement for the validity of an adoption is the ceremony of adoption at which there is a giving and taking of the boy as adoption does not by itself confer the status of an adopted son on the boy. it is therefore, incumbent upon the defendant to prove ..... . v. atchut-amma, (1971) ii an wr 60 interpreting the provisions of the hindu adoptions and maintenance act and contends that where the natural father of the adopted child did not speak about the giving and taking, merely relying upon registered document arid adoption is not proved as a valid adoption. on this ground he prays that the c.r.p. should beadmitted as the court .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-09-1993
Reported in : 1994CriLJ2336
..... code of criminal procedure, not of the civil laws which define and govern the rights and obligations of the parties belonging to particular religion, like the hindu adoptions and maintenance act, and shariat, or the parsi matrimonial act. section 125 was enacted in order to provide a quick and summary remedy to a class of persons who are unable to maintain themselves. what difference would it ..... of special character and may be made not. only for the recovery of limited maintenance as already described, but for three more items already mentioned. another point to be noticed is that it is only when divorced muslim woman makes an application under section 3(2) of the act, that there can arise any question about exercise of option by the divorced woman and ..... period. her proper remedy to recover this limited kind of maintenance and also to recover maintenance for her children being maintained by her up to their ages of 2 years, for mahr or dower and for gifted properties, is to make an application under section 3(2) of the muslim women act.(v) it is only when the divorced muslim woman makes an application under ..... . the application under consideration is, therefore, prosecutable at least on this matter.10. the application under consideration covers also the claim for maintenance commencing from the date of the application. mst. farida was a muslim wife at the time when she had made the application. it is the case of mst. farida in the application that she was not able to maintain .....Tag this Judgment!
Court : Orissa
Decided on : Mar-30-1993
Reported in : 76(1993)CLT234; II(1993)DMC283
..... karuni were executants. in the said document it has been admitted that karuni acharya had adopted raghunath as his son according to caste custom. this document of acknowledgement of adoption (ext. 1) satisfies the requirement of section 16 of the hindu adoptions & maintenance act, 1956. the requirements of section 16 of the above act are that there must be a document, it must be registered under law in force, it ..... must purport to record an adoption which bad taken place and the document must be signed by both ..... giver and taker of the child in adoption.4. in this case, i .....Tag this Judgment!