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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Year: 2010 Page 1 of about 37 results (0.145 seconds)

Jun 14 2010 (HC)

Muppala Badari Narayana Vs. Muppala Atchimamba

Court : Andhra Pradesh

Decided on : Jun-14-2010

..... to be a charge and this provision specifies a dependant's claim for maintenance under this act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the ..... charge.)" 25. in baburao v. gopikabai1 it was held that where judgment-debtor is also under a personal liability to pay maintenance, the fact that a charge is created as a security for regular payments does not deprive the decree-holder of his ordinary right to execute the decree personally against the judgment-debtor. 26. section 27 of hindu adoptions and maintenance act, 1956 deals with maintenance when ..... of first instance but with an addition of creation of charge over the plaint schedule properties. the appellate court after referring to the relevant provisions of hindu adoptions and maintenance act recorded such findings and was of the opinion that in a suit for maintenance non-granting of relief of creation of charge may not be just and proper and accordingly the ..... the property of her husband and to claim protection under section 39 of the t.p. act. hence, the gift in favour of the concubine by the husband cannot avail against the right of the wife to have a charge for maintenance amount. the right of a hindu wife to maintenance is also interlinked with her interest in her husband's .....

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Feb 26 2010 (HC)

Ritula Singh Vs. Lt. Col. Rajeshwar Singh

Court : Mumbai

Decided on : Feb-26-2010

..... arithmetically incorrect. the daughters are 21 years and 19 years, respectively.3. the interim maintenance application would have to be considered for the petitioner-wife under section 24 of the hindu marriage act and for her children under section 20(2) and (3) of the hindu adoptions and maintenance act, 1956. the learned judge has considered the application on behalf of three of them. the wife ..... has been refused the interim maintenance. the children have been granted interim maintenance of rs. 3,000/- each. they ..... , it may seem to the court to be just, and any such payment maybe secured, if necessary, by a charge on the immovable property of the respondent.consequently, for determination of the permanent alimony and maintenance, the petitioner s other income and other properties as also the respondent s income and other properties as also conduct of ..... husband and his assets and properties at the final hearing of the petition for divorce when the permanent alimony and maintenance would be considered under section 25 of the hindu marriage act, which runs thus:25. permanent alimony and maintenance.- (1) any court exercising jurisdiction under the act may, at the time of passing any decree or at any time subsequent thereto, .....

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Mar 09 2010 (HC)

Rudresh S/O. Chennaiah Vs. Sri. T.T. Manjunath S/O. Thontaradhya, Owne ...

Court : Karnataka

Decided on : Mar-09-2010

..... raja, learned counsel appearing for the appellant would contend that order passed by the tribunal is erroneous since it has not taken into consideration section 10 of the hindu adoptions and maintenance act. 1956, where there is no prohibition for the adoption of a person aged beyond 15 years and as non-consideration of this aspect has resulted in the dismissal of the claim petition and is ..... itsell easts a doubt about the genuineness of the claim made by the claimant. he would draw the attention of the court to the post mortem report (ex.p2) and charge sheet (ex.p4) to demonstrate that the age of the deceased was 32 years as on the date of accident and to lodge false claim the claimant has shown the ..... others reported in ilr 2004 kar 1648 in the said case it has been held - the necessity of pleading and proof of custom is nht necessary when there is a custom amongst the sudras to adopt a boy who is aged above 15 ?jea*'s. in the said ease the qnesrioji that arose for consideration and the substantial question of law formulated ..... basis :, the said evidence. that apart the witnessess examined is dw. 1 to dw.9 supported the ease of adoption and established the nexus with the relationship ol the person adopted with the adopted father. on this ground the court had held that when there was custom prevalent and it overrides with other evidence. unfortunately in the instant case the claimant has taken risk .....

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Jul 08 2010 (HC)

V.M. Lakshmanan and Vs. Superintendent, Government Hospital and

Court : Kerala

Decided on : Jul-08-2010

..... provisions of the hindu adoptions and maintenance act to adopt the child and that petition is pending consideration. petitioners are prepared to submit annual reports as directed by learned ..... annual progress report concerning the condition of the minor until he attained majority or till the minor is adopted under provisions of the hindu adoptions and maintenance act. learned district judge has reported that petitioners have not filed such annual report nor was any action taken to adopt the minor. learned counsel for petitioners stated that o.p. no. 410 of 2009 is already filed under ..... district judge.3. it is seen from the report of the district social welfare officer also that the minor child is studying at perks public school, coimbatore. necessarily it involves expenses. petitioners have to spend money for the maintenance .....

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Apr 05 2010 (SC)

Suvarnalata Vs. Mohan Anandrao Deshmukh and anr.

Court : Supreme Court of India

Decided on : Apr-05-2010

Reported in : JT2010(3)SC492

..... a lump sum amount by way of permanent alimony under section 25 of the hindu marriage act, 1955, was not maintainable in view of the pendency of four matters relating to grant of maintenance under section 125 of the criminal procedure code and under section 18 of the hindu adoption and maintenance act, 1956, for the minor daughter. since on 14th may, ..... the learned judge of the family court.11. this brings us to the last question involving the quantum of permanent alimony under section 25 of the hindu marriage act. as we have already pointed out hereinbefore, the said prayer is not only maintainable but also justified in the facts and circumstances ..... that the learned judge of the family court observed that after seeing the appellant in court at the time of trial and at the time when she gave evidence, it was difficult for her to come to the conclusion that the appellant was schizophrenic. another circumstance mentioned in the judgment ..... was expressly stated on her behalf that she did not wish to challenge the final decree of divorce granted in favour of the respondent- husband. when the matter came up for final hearing, ms. nandita rao, learned advocate appearing for the appellant, urged that the respondent has remarried after ..... the judgment and decree of the family court.5. this appeal arises out of special leave petition (c) no. 9482 of 2007 and when notice was issued on 14th may, 2007, the same was limited to the question of the findings of the courts below relating to the mental .....

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Sep 24 2010 (HC)

Jagat Pal Vs. State of U.P. and Others

Court : Allahabad

Decided on : Sep-24-2010

..... do not fall in the ambit of son. in his submissions, the respondents could not differentiate in between son and adopted son as the adopted son is as good as natural son under the provisions of hindu adoptions and maintenance act, 1956 (hereinafter referred to as act of 1956). in his submissions, the impugned reply/order dated 17.4.2010 is illegal and deserves to be quashed. 8. refuting ..... the definition of family. such definition is known as expansive definition and is used to enlarge the meaning of the words or phrases occurring in the body of statute and when it is so used, the words or phrases should be construed as comprehending not only such thing which they signify according to their natural import, but also those things which ..... he is the son of the farmer. gaut. xxviii, 32,33; baudh ii, 2, 3, 14-30; apas, ii, 6, 13, 1-11; vas., xvii, 9-22; vishnu, xv, 1-27; manu, 1, 127-140, 158-184;yajn ii, 127-132; nar.,xii, 17-20; 45-47; mitakshara, i, xi. 15. gurudit singh v. surjit singh 1950 pepsu 56: 2 pepsu ..... as the modern purpose is concerned, the act provides for adoption of a child and once a child has been adopted either by adoptive father or mother it has a definite effect which has been provided under rule 12 of the act of 1956. 24. for better appreciation section 12 of the aforesaid act is quoted below. 12. effects of adoption :- an adopted child shall be deemed to be the .....

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Aug 12 2010 (HC)

Mohammed Anis Ul Haq S/O Manzul Ul Haq, Aged About 33 Years, Vs. Asma ...

Court : Mumbai Nagpur

Decided on : Aug-12-2010

..... another full bench judgment which has considered above mentioned judgment of madras high court. it has been held that interim maintenance can be granted by family court under section 151 of civil procedure code, to wife and children in a suit for maintenance under hindu adoptions and maintenance act, 1956, filed against the husband. it is noticed by the hon'ble full bench that said view of madras high court ..... of civil nature and hence under section 9 of civil procedure code. the prayer for interim maintenance therein was not one under section 24 of the hindu marriage act which provides for pendente lite maintenance. hon. full bench also states that no suit is contemplated under section 18 of the hindu adoptions and maintenance act. the right of a hindu woman to maintenance declared and recognized by section 18 of that act was found to be an ..... enforceable right which can be enforced in a civil suit. suit in the instant matter is also under section 9 of civil procedure code read with section 281 of mohammedan law and there is .....

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Dec 23 2010 (HC)

Shri Rohit Shekhar Vs. Shri Narayan Dutt Tiwari and anr.

Court : Delhi

Decided on : Dec-23-2010

..... does not disregard the rights of an illegitimate child to maintenance. the hindu adoptions and maintenance act, 1956 for example, specifically provides for maintenance of illegitimate children in sections 20, 21 and 22 of the act. the relevant provisions are reproduced below:"20. maintenance of children and aged parents.- (1) subject to the provisions of this section a hindu is bound, during his or her lifetime, to maintain his ..... a proceeding to determining the legitimacy of a child. in the case of banarsi dass (supra), it was held:"13. we may remember that section 112 of the evidence act was enacted at a time when the modern scientific advancements with deoxyribonucleic acid (dna) as well as ribonucleic acid (rna) tests were not even in contemplation of the legislature. ..... a woman from allegations of unchastity, and the resultant harassment that she could be subjected to in legal proceedings. while those concerns are as real today as they were when the provision was enacted, nevertheless subsequent changes in womens status, the rights enjoyed by them, scientific developments and advancements, and changes in legal provisions which recognize a ..... than that all relevant evidence should be admissible and should be heard by the tribunal that is charged with deciding according to the truth."27. the law in england is now guided by the family reforms act, 1969 (later replaced by the 1987 act); it enables the court to draw a distinction between parentage and paternity thus allows conduct of .....

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Apr 13 2010 (HC)

The Commissioner of Income Tax (international Taxation) and Another Vs ...

Court : Karnataka

Decided on : Apr-13-2010

Reported in : ILR2010KAR3703

..... the moral duty of the father and a pious obligation to maintain his child and the same would be contrary to the provisions of hindu adoptions & maintenance act and the first principles of hindu law. therefore, he contends that the tribunal has committed a serious error in allowing the appeal. alternatively, he contends that the amount ..... documents were also produced by the assessee to show that the father of the assessee has spent a sum of rs. 28,50,000/- for his maintenance for a period of 4 years.10. in the circumstances, we answer substantial question no. 2 in favour of the revenue and against the assessee.11 ..... the father and son wherein the son has agreed to reimburse the amount spent by his father towards his maintenance and education and such contract is unheard of under the provisions of the hindu law. it is the pious and remuneration from the tennis court which would only shows moral obligation of ..... one would not attain heaven unless and until his son offers pinda after his demise. therefore, the agreement would be contrary to the concept of hindu law. even otherwise since there was no agreement prior to spending the amount or prior to coaching the son by the father, such agreement cannot ..... from tax on the ground that it is being used for past and future training without basing such a conclusion on any cogent evidence and especially when ovular expenses are already claimed and allowed in favour of the assessee?ii) whether the tribunal was correct in holding that 50% of the .....

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Mar 26 2010 (HC)

Smt. Sukho Alias Phool Wati (Died) Through Lrs. Vs. Bijender and anr.

Court : Punjab and Haryana

Decided on : Mar-26-2010

..... .e. defendant no. 2 and natural mother of defendant no. 1 had allegedly signed the alleged deed as witness. natural parents are not the executants of deed.10. section 16 of the hindu adoptions and maintenance act reads as under:16. presumption as to registered documents relating to adoptio- whenever any document registered under any law for the time being in force is produced before ..... took place. in the deed, it has been mentioned that nanuwa is the issueless while in fact nanuwa was not issueless and plaintiff/appellant is the daughter of nanuwa. alleged adoption deed is dated 7.6.1977 while decree in question was obtained in civil suit ..... the presumption is a presumptio juris and it is competent to a party to show that the inference was fallacious. it must be conceded that section 16 does not raise a presumption juris et de jure when no evidence to displace presumption is allowed to be given. in decreeing the suit, the trial court has placed its reliance upon certain circumstances. 15 ..... under section 16, adoption deed must be made and signed by both the parties. it should be bilateral document. deed in question is in the form of acknowledgement made by nanuwa (deceased). mere signature by the natural guardians as witness thereon does not make the deed executed by both the parents. moreover in the deed, it has not been mentioned, as to when adoption .....

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