Court : Allahabad
Decided on : Jan-13-1995
Reported in : AIR1995All214
..... held that since jointly living of both the parties was not possible the wife is entitled to permanent maintenance and accordingly the issue is answered in her favour. permanent maintenance is granted under section 25 of the hindu marriage act and not under section 18 of the hindu adoptions and maintenance act. the learned lower court thus, confused the issues.19. the question is whether the husband has ..... to be transversed by the parties in their respective claims for maintenance and divorce. cruelty is a ground for divorce under section 13 of the hindu marriage act and so is desertion. the same are the grounds on which a hindu husband or wife can claim maintenance under section 18 of the hindu adoptions and maintenance act. in this case the husband as well as the wife were ..... was that the circumstances forced her to shift to her parents' house. therefore, cruelty as a ground for maintenance is not established.26. the next point that arises for determination is about the quantum of the maintenance allowance.27. the appellant had claimed maintenance @ rs. 1000/- per month. as stated above, her case was that the husband is employed as branch ..... for compromise. therefore, 20th april, 1992 was fixed for evidence. the hearing was adjourned to 12th may, 1992 when the statement of the petitioner smt. neelam singh commenced. it was completed on 13th may, 1992 on which date when with the examination of pw 2 surendra singh the petitioner's evidence was closed. on 14th may, 1992 the statement .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-04-1995
Reported in : I(1996)DMC82; ILR1995KAR2589; 1995(4)KarLJ448
..... have been considered. but we do not think that the principles of res judicata can have any application to the facts of this case, for, under section 25 of the hindu adoptions and maintenance act, the amount of maintenance, whether fixed by a decree of court or by agreement, may be altered subsequently if there is a material change in the circumstances justifying such alteration. the ..... that rate for a period of three years immediately preceding the suit. accordingly, she filed a suit for recovery of enhanced past maintenance of rs. 27,000/- and further maintenance of rs. 750/- per mensum being the enhanced rate of maintenance.3. the defendant filed a written statement admitting the relationship of the plaintiff and has raised various contentions which are not relevant for ..... to entertain the suit. in this suit, it has to be noted that the claim of the plaintiff is for past maintenance of rs. 27,000/- and for enhancement of maintenance already granted by another sum of rs. 750/-. at the time when the suit was instituted, the munsiff's court, kolar, could not have entertained the suit, for, it had no jurisdiction to .....Tag this Judgment!
Court : Delhi
Decided on : May-05-1995
Reported in : AIR1996Delhi54; 59(1995)DLT635
..... to apply keeping in view the provisions of section 25 of the act and those of section 23 of the hindu adoptions and maintenance act, 1956. in dr. kulbhushan kunwar v. smt. raj kumari, : 2scr672 , the supreme court considered the question of quantum of maintenance to beawarded to the wife under sub-section (2) of section 23 of the hindu adoptions and maintenance act. the court approved the observations of the privy ..... s.a. in absentees of the wife without her submitting to its jurisdiction will not be valid and binding on a criminal court in proceedings for maintenance under section 488, criminal p. c. when it is found from the facts on record that the decree of divorce was obtained by fraud or by making a false representation as to a ..... a doctor. it is a matter of common knowledge that doctors in united states are quite well and effluent people. during course of present proceedings when the wife moved application for enhancement of interim maintenance he withdrew from the proceedings as otherwise he would have to tell the court his true income and assets. this, it would appear, he ..... dated 21 may, 1993 and again dismissed in default on 29 october, 1993. the appellant filed another application (cm. no. 795/93) for enhancement of interim maintenance amount. when this application for enhancement of maintenance had been pending, respondent,' however, withdrew from these proceedings. it was pointed out by mr. manmohan, learned counsel for the appellant, which was recorded on 18 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-16-1995
Reported in : AIR1996SC591; I(1996)DMC579SC; JT1995(9)SC364; 1995(6)SCALE459; (1996)7SCC13; Supp5SCR361
..... was led in order to prove the ceremony of giving and taking in adoption. it is necessary to bear in mind that this second adoption took place after coming into force of the hindu adoptions and maintenance act, 1956 under which the first-plaintiff chandan bilasini dasi being a widow was entitled to adopt a son even otherwise than under the authority given to her under the will ..... to be severed and replaced by those created by the adoption in the adoptive family. as a consequence, when a widow adopts a child, the child not merely acquires an adoptive mother but also acquires other relationship in the adoptive family, unless there is anything to the contrary in the hindu adoptions and maintenance act.7. this position is reinforced by section 14(4) which sets out that where a widow ..... the ceremony of giving and taking, we hold that there was a valid adoption of the respondent amaresh sarkar by the original first-plaintiff chandan bilasini dasi. after the coming into force of the hindu adoptions and maintenance act of 1956, this adoption was made in accordance with the provisions of hindu adoptions and maintenance act.6. on adoption of the respondent amaresh sarkar by the widow of the deceased kalikrishna sarkar .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-06-1995
Reported in : AIR1996Bom50; 1995(4)BomCR269; (1995)97BOMLR542; 1996(1)MhLj100
..... the supreme court is with reference to the adoption law prior to hindu adoptions and maintenance act, 1956. however, hindu adoptions and maintenance act, 1956 came into force on december 21, 1956 and since the plaintiff was adopted by bhagubai admittedly on june 21, 1973, the adoption of the plaintiff by bhagubai will be governed by the act of 1956. section 12 of the act of 1956 reads as under: 'an adopted child shall be deemed to be the child ..... property is divested to any other person before the adoption then the adopted son is not entitled to get back the said property. this being the clear legal position under the act of 1956 the lower appellate court was wrong in giving retrospective effect to the adoption of the plaintiff, from june 20, 1919 when sadu memane the adoptive father expired and not from the date of ..... adoption i.e. from june 21, 1973. once this legal position is accepted the argument .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-25-1995
Reported in : 1995(3)ALT57(SC); (1995)97BOMLR80; 1995(2)CTC476; II(1996)DMC266SC; JT1995(7)SC48; (1996)1MLJ45(SC); 1996(0)MPLJ1; 1995(5)SCALE615; (1995)6SCC213; Supp4SCR63
..... . on these findings the trial court took the view that the alleged adoption being against the consent of kashi bai the plaintiff no. 1, it was not valid by virtue of the provisions of section 7 of the hindu adoptions and maintenance act, 1956. section 7 of the act provides that any male hindu who is of sound mind and is not a minor has the capacity to take a ..... son or a. daughter in adoption. it provides that if he has a wife living, he shall not ..... passed in appeal by any court subordinate to the high court, if the high courts is satisfied that the case involves a substantial question of law. sub-section (4) of section 100 provides that when the high court is satisfied that a substantial question of law is involved in any case it shall formulate that question. but surprisingly enough the high court seems ..... finding that none of them deposed that lachiram had signed the said will before them and they had attested it. none of them except sheikh nabi even deposed as to when the talk about the execution of will was held. the witness sheikh nabi, however, deposed that the talk about the will also took place at the time of the talk .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-10-1995
Reported in : AIR1996AP300
..... and we are unable to agree that the performance of the ceremony a day before the marriage would post date it or that the adoption is invalid under section 10(1v) of the hindu adoption and maintenance act, 1956.10. in this background of oral evidence, the documentary evidence has to be considered. ex. a-2 is the khasra pahani of the year 1954-55 where amrutha ..... losing such title by allowing another to build up a title by adverse possession. an alienation of property when admittedly its value is more than rs. 100/- compulsorily attracts the provisions of section 17 of the indian registration act and the document of alienation unless registered makes the transaction void. there being no case of any alienations to have been made by shakuntalamma ..... she being a witness examined by sashirekhamma, it is hardly ever believable that she did not know her. she can also be. hardly taken to be speaking the truth when she said that she did not know if amrutha reddy was adopted to sashirekhamma. she, as the mother-in-law of amrutha reddy, was one of the best witnesses to deny the ..... of sahirekhamma a day before the marriage of amrutha reddy with shakuntalamma. the learned single judge was of the view that the statement was contradictory to the earlier statement of adoption having been taken place when amrutha reddy was 9 to 10'years old. with great respect we are unable to fendorse the view as 'datta homam', that is the .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-22-1995
Reported in : AIR1996Cal301
..... decision, the learned judge while discussing the scope and ambit of the provision of s. 18(1) of the hindu adoptions and maintenance act, 1956 and s. 25(1) of the hindu marriage act, 1955 observed inter alia, that the words 'wife' and 'husband' used in sub-sec. (1) of s. 25 of the hindu marriage act, 1955 would include within their scope, a woman and a man professing the ..... maintenance act, 1956, every hindu was bound to maintain his wife, apart from his aged parents and minor children as was said by manu that 'the aged parents, a virtuous wife, and an infant child must be maintained even by doing a hundred misdeeds.'27. no doubt, the maintenance of a wife by her husband is of course, a matter of personal obligation which attached from ..... state of affairs, but, in law, as we think tbat there is no such status as that of an ill-legitimate wife.28. though instances were not wanting in hindu law when a particular jurat relationship was created contrary to the shastric injunctions, the relationship so created was not null and void for all purposes, however, invalid that might be for certain ..... the moment of marriage. it is a liability created by the hindu law in respect of the jural relationship of husband and wife and is not an .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-07-1995
Reported in : AIR1996SC172; 1995(3)ALT44(SC); I(1996)DMC1SC; JT1995(7)SC506; (1996)1MLJ82(SC); 1995(5)SCALE199; (1995)6SCC88; Supp3SCR369
..... for her (para 573). a widow who is entitled to maintenance may sue, inter alia, for a charge on a specific portion her husband's estate for her maintenance and residence (para 579).20. the hindu adoption & maintenance act, 1959, was enacted to amend and codify the law relating to adoptions and maintenance among hindus, and it defines maintenance in section 3(d) to include '(i) in all cases, provision for ..... may, 1970 of the high court of rajasthan. the issue in the appeal relates to the application of section 14(1) of the hindu succession act, 1956. it stands outside the line of cases decided by this court in that it is argued that, in giving maintenance, provision for residence is not to be made.2. one karam chand had two sons, dhanraj and askaran ..... persons whom the late proprietor was legally or morally bound to maintain (para 544). a wife is entitled to be maintained by her husband, whether he possesses property or not. when a man with his eyes open marries a girl accustomed to a certain style of living, he undertakes the obligation of maintaining her in that style (para 554). a widow ..... british india or at any other place....askaran died on 24th april, 1945. 4. section 14 of the hindu succession act, 1956, reads thus :property of a female hindu to be her absolute property - (1) any property possessed by a female hindu, whether acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited owner .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-16-1995
Reported in : II(1995)DMC78
..... be reasonable besides the maintenance, also to meet expenses of the court proceedings. therefore, in these ..... to the court proceedings and also of the maintenance regarding food, lodging, travelling expenses and other necessary expenses during the period of litigation. this is not mere maintenance allowance as is to be paid under any provision of the hindu adoptions and maintenance act, 1956 or under section 125 of the code of criminal procedure. under section 24 of the hindu marriage act the allowance which is to be allowed must ..... circumstances, this has no relation to the mere maintenance of the child or the lady. further .....Tag this Judgment!