Court : Chennai
Decided on : Feb-10-1998
Reported in : 239ITR108(Mad)
..... observed as under (page 437) :'the hindu adoptions and maintenance act, 1956, provides, inter alia, for the obligation of a hindu father to perform, and spend for, the-marriage of his unmarried daughter. the liability, however, is not declared by the act to be an automatic charge on the father's property in every case. the relevant provision in section 27 of the act lays down that the liability can be ..... , the operation of section 22(2) of the act cannot be excluded. we find that this ..... section 21(v) of the act, an unmarried daughter, so long as she remains unmarried, would be a dependant and the expression 'maintenance' with reference to her would include reasonable expenses of and incidental to her marriage, by reason of section 3(b)(ii) of the act, and if she had obtained a share in the estate of her father under section 8 of the hindu succession act, 1956 .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-05-1998
Reported in : 1998(2)AWC1069
..... the property and this right can be enforced against them under section 28 of the hindu adoptions and maintenance act. 1956 (hereinafter referred to as the act). while deciding issue no. 6, the court found the suit within time and on the aforesaid findings the suit of the plaintiff was decreed by judgment and decree dated 27.3.1997, aggrieved by which the present appeal has been filed ..... , subsequent to the sale under ex. vi--a contention directly opposed to the plain language of the explanation to section 52. and he also conceded and quite rightly, that when a suit is filed for maintenance and there is a prayer that it be charged on specified properties, it is a suit in which right to immovable property is directed in question, and the ..... his death, his widow's right of maintenance becomes limited to his estate, which when it passes to any other heir, is charged with the same. there cannot be any doubt that under hindu law, the wife's or widow's maintenance is a legal charge on the husband's estate : but the courts appear to hold, in consequence ..... to the following passages as regards the nature of the liability of the husband as stated in hindu law by gopalchandra sarkar sastri:'when the husband is alive, he is personally liable for the wife's maintenance, which is also a legal charge upon his property, this charge being a legal incident of her marital co-ownership in all her husband's property. but after .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-24-1998
Reported in : 1999(2)ALD4; 1999(1)ALT778; II(1999)DMC268
..... cr.pc or decree under section 18 of the hindu adoption and maintenance act is passed. the object of both the sections is to provide maintenance to a neglected wife. the scope of section 18 of the hindu adoption and maintenance act is wider than section 125 cr.pc. but section 125 cr.pc is provided as a speedier remedy than the remedy under section 18 of the hindu adoption and maintenance act. moreover, section 127(2) cr.pc provides ..... is no doubt true that the wife lived with the husband after the decree in terms of the compromise but subsequently when the differences arose between them she decided to live separately. as per that compromise decree she is entitled to maintenance. the learned counsel further submitted that the court below erred in dismissing the e.p. filed by the wife only ..... judgment-debtor agreed to pay the maktha together with interest at 12% p.a. (e) that the a schedule property shallstand as a charge for maintenance.so for as the nature of the decree that has been passed is concerned, it is executable and it makes no difference in view of theamendment to cpc in the ..... , he relied upon the judgment of the high court of a.p., cited 7 supra. as i have already stated above, when there is clause (c) in the compromise decree, specially enabling the wife to execute the decree and claim maintenance from the husband, if the wife decided not to live with her husband, i do not think that wife has waived .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-13-1998
Reported in : 1998(2)ALLMR32; 1998(3)BomCR207; II(1998)DMC443
..... , jj.) by judgment and order dated (16th and 17th december, 1997 in appeal no. 14 of 1997) has arrived at the conclusion that, in a suit filed under section 18 of the hindu adoptions and maintenance act, 1956, the court has jurisdiction and power to pass appropriate interim and ad-interim orders. we agree with the said conclusion.3. further, it is to be noted that ..... the hindu adoptions and maintenance act, 1956 codifies the law relating to adoptions and maintenance among hindus. it only declares and codifies the law with regard to adoptions and maintenance by hindus. the basis of such obligation to maintain wives, widowed daughter-in-law, children and aged parents may be a pious obligation of hindus. the provisions relating to maintenance are in chapter iii. section 18 deals with maintenance of a ..... of the hindu adoptions and maintenance act is maintainable during the pendency of proceedings under the hindu marriage act, then, obviously, the result would be that the application (or interim maintenance could be filed before the court dealing with the right arising under provisions of section 18 of the hindu adoptions and maintenance act.6. with regard to the provisions of section 18 of the hindu adoptions and maintenance act and provisions of the hindu marriage act, the apex .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-27-1998
Reported in : 1998(5)ALD465; 1998(5)ALT152; I(2000)DMC266
..... and is declared to be null and void under section 11 of that act. 9. it is not in dispute that the parties to the proceedings arc hindus and they are being governed by their personal laws. the hindu marriage act, 1955, the hindu adoption and maintenance act, 1956. the hindu minority and guardianship act, 1956 and the the hindu succession act, 1956 are package of enactments being part of socio-legal scheme applicable to ..... conduct of the parties and other circumstances of the case), it may seem to the court to be just and any such payment may be secured, if necessary by a charge on the immovable property of the respondent. (2) if the court is satisfied that there is a change in the circumstances of either party at any time after it has ..... /- towards the cost of gold chain and other ornaments gifted to her by her father at the time of her marriage with the appellant herein, and also to create a charge over the 'b' schedule property for the amount that may be decreed against the appellant-defendant. the case of the respondent-plaintiff is that the appellant married her according to ..... the right of a woman bigamously married to claim maintenance at the time when a decree of nullity is passed is not correct. secondly in the absence of a proceeding under sections 9 - 14 such a relief cannot be granted by invoking section 151. section 151 could liave no application to such a situation.27. section 25 of the hindu marriage act as it now stands after amendment by .....Tag this Judgment!
Court : Allahabad
Decided on : May-08-1998
Reported in : 1998(4)AWC490; II(1998)DMC608
..... very well be exercised under section 24, while making provision for the wife's maintenance which will include the maintenance and education of the children.25. in the case of smt. jasbir kaur sehgal v. district judge, dehradun and others, 1997. (7) scc 7, the apex court while dealing with similar question had held that under the hindu adoptions and maintenance act. 1956, it is the obligation of ..... for the wife. we are aware of the provision and section 26 of the act providing for custody of minor children, their maintenance and education but that section operates in its own field.26. the view taken by the apex court in the above case supports the view which i have taken in this case.27. therefore, i am unable to agree with the contention ..... not the religious and social duties. so far as the social or religious duties are concerned, the law provides therefor through section 125, cr. p.c. and section 20 of hindu adoptions and maintenance act. therefore, it is not aquestion of absence of law. when there is specific provision of law on the basis of religious scruples or social system, it would not be permissible to stretch ..... of mr. v. singh. in my view, the maintenance of the children could very well be included within the ambit of section 24 of the said act.28. mr. singh had relied upon two decisions in support of his contention .....Tag this Judgment!
Court : Delhi
Decided on : Sep-04-1998
Reported in : 1998VIAD(Delhi)91; 4(1998)CLT313; 75(1998)DLT420; 1999(48)DRJ161
..... . in view of clear position of law and according to section 18 of the hindu adoption and maintenance act, 1956, a hindu wife is entitled to maintenance etc. the said section is set out as under:'18. maintenance of wife.: (1) subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained by her husband during ..... her lifetime. (2) a hindu wife shall be entitled to live separately ..... expenses : rs. 2,000 per month domestic help : rs. 1,800 per month conveyance : rs. 1,000 per month telephone : rs. 350 per month electricity : rs. 400 per month water charges : rs. 50 per month house hold furnishing : rs. 100 per month miscellaneous & other out of pocket expenses : rs. 1,800 per month ----------- total : rs. 12,000 per month -----------22 ..... islam.14. it is also mentioned in the written statement that the defendant offered the plaintiff to embrace islam religion but when the plaintiff refused to do so, the defendant married another woman and started living with her. on 27.5.1993 a son was born out of the new wedlock. it is mentioned that all belongings of the defendant .....Tag this Judgment!
Court : Chennai
Decided on : Apr-27-1998
Reported in : 1998(3)CTC61
..... husband of thangammal admitted that she is entitled for the maintenance and agreed to pay the past maintenance and gave the property in lieu of the further maintenance. it may be worth to refer to section 18 of the hindu adoptions and maintenance act, 1956 which reads as follows:-'18. maintenance of wife--(1) subject to the provisions of this section, a hindu wife, whether married before or after the commencement of ..... therein.12. it has to be considered that whether the said thangammal has got a pre-existing right of maintenance on the date when she was put in possession of the properties in order to attract section 14(1) of the hindu succession act or whether the said thangammal has got the property under the compromise decree for the first time without any pre ..... that consistently the supreme court has held that if a female hindu acquired the property either before or after the commencement of the act in lieu of maintenance then section 14(1) of the act is attracted. when once the right of maintenance comes in it has to be considered as to whether on the date when she acquires the property has she got a pre-existing ..... concerned, the learned subordinate judge has allowed the same on the ground that the settlement deed in favour of the fourth defendant executed by his grand father is valid; especially when his grand mother has got only a limited estate under the compromise decree. since the fourth defendant had admitted the lease in favour of the third defendant, the third defendant .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-14-1998
Reported in : 1998VAD(SC)197; AIR1998SC2401; 1998(2)CTC253; JT1998(4)SC579; RLW1999(1)SC33; 1998(4)SCALE62; (1998)6SCC314; 3SCR555
..... at this juncture that the parliament stepped in and enacted various statutes like the hindu marriage act, 1956. the hindu adoption and maintenance act, 1956, and the hindu succession act, 1956 providing for intestate succession.22. the hindu succession act, 1956 made far reaching changes in the structure of hindu law by removing the traditional limitations on the powers of a hindu widow to deal with the property of her deceased husband, in her possession ..... 1946 when manraj singh died) as opined by the high court or does it flow from shastric hindu law on account of the incidence of marriage itself and that right received protection by the act in 1956 through section 14(1) of the act.14. the first question, requiring an answer, therefore, is:15. 'what are the obligations of a hindu husband towards the maintenance of ..... owner and to his heirs and legal representatives.'4. smt. janak dulari continued to remain in possession of the suit property after the death of her husband manraj singh on 27.8.1946. she died on 3.11.1969. the respondents (sons of samsher singh son of dashrath singh) herein, after the death of smt. janak dulari, filed a ..... or the family has property, the female has the legal right to be maintained therefrom. if a charge is created for the maintenance of a female, the said right becomes a legally enforceable one. at any rate, even without a charge the claim for maintenance is doubtless a pre-existing right so that any transfer declaring or recognising such a right does .....Tag this Judgment!
Court : Kerala
Decided on : Jul-24-1998
Reported in : (1998)150CTR(Ker)298; 238ITR846(Ker)
..... 21, 1956, came into operation on that day. the act has a codifying enactment. after the act came into force, there is no scope for any customary usage, unless that is saved expressly. section 4 of the act clearly states that save ..... is mainly based on the passages from mulla's hindu law and on the custom, prevailing in the eazhava community.10. before dealing with the question, it is nothing but appropriate to understand the correct position under the law, relating to maintenance. the hindu adoptions and maintenance act, 1956 (hereinafter to be referred to as 'the act'), which received the assent of the president on december ..... legal obligation to maintain the children. in this case, the donor --mother--executed the gift deed bequeathing her property and jewellery in favour of the daughter at a time when the marriage of her daughter was about to take place. for a suitable bridegroom for the daughter of the assessee, parent must provide with properties in the form of immovable ..... thread in all these decisions is that the legal obligation to get a daughter married attached only to a joint family, so long as it remained joint, and additionally when such a family had properties. this principle cannot be extended to individual hands, as pointed out by the madras high court, and the moral or social obligation on a .....Tag this Judgment!