Court : Supreme Court of India
Decided on : Jan-12-2011
..... . on these findings the trial court took the view that the alleged adoption being against the consent of kashi bai, plaintiff 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 ..... of teej when the adoption formalities were completed. adoption deed is exhibit p-1. ghisalal's original father kishan lal has given in writing that he has given ghisalal in adoption to gopal and he has accepted to take him in adoption. similarly, gopal has also accepted that he has adopted ghisalal as his son and he has affixed his signatures. under section 6 of the hindu adoption act, the ..... appellant cannot be treated as valid. this court noticed that language of sections 7 and 8 was different and observed:"a married woman cannot adopt at all during the subsistence of the marriage except when the husband has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of ..... of these witnesses. in these circumstances, it becomes clear that when the adoption ceremony was conducted in the presence of dhapubai, then certainly her consent was there and it can be taken as implied consent of dhapubai."(emphasis supplied)27. the trial court also gave weightage to the statement contained in the adoption deed suggesting that gopalji and his wife were anxious to take .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-26-2011
..... petition filed by the respondent before the family court was one under section 18 read with section 20 of the hindu adoptions and maintenance act, 1956. section 18 governs the scheme for providing maintenance to the wife. section 20, on the other hand, deals with the regime of providing maintenance of children and aged parents. indeed, sub-section (1) obligates the father as well as the mother to maintain legitimate ..... (v) of the hindu adoption and maintenance act, 1956. they are entitled to get their maintenance from their father. considering the fact that the appellant has been looking after these two daughters and she will be continuing to look after them hereafter until they get married. in our view, that is a "circumstance" which has got to be considered when one decides the permanent ..... by shradha in fixed deposit scheme being sum of rs. 8,00,000/- can be encashed by her prematurely for closing the loan account by paying requisite interest or charges therefor. (vi) in case the appellant does not want to repay the entire loan amount upfront, obtained by shraddha for pursuing her further studies, shall pay the amount ..... . no. 4115/2008 decided on 21st april, 2009} similar view has been reiterated. even in this unreported decision when the application under section 127 of the code for enhancement of maintenance amount was filed by the wife alone for awarding maintenance amount to her as well as her daughter, by that time daughter had already become major. the court awarded enhanced .....Tag this Judgment!
Court : Chennai
Decided on : Nov-12-2011
..... stage itself, would run thus:the grievance of the petitioner as aired by the learned counsel for the petitioner is that the petitioner filed the petition invoking section 22(1)(2) of hindu adoptions and maintenance act, 1956, as against her husband's brothers and sisters who inherited the properties of her deceased father-in-law and also who are in possession of her ..... special provision as contemplated under section 22(1)(2) of hindu adoptions and maintenance act, 1956.5. at this juncture, i would like to highlight and spotlight that filing a civil suit claiming maintenance, is a general remedy contemplated under the law; whereas the specific provision of law under section 22(1)(2) of hindu adoptions and maintenance act, 1956, enables the deserving party to claim maintenance, if the case of such ..... cases.8. i would like to refer to article 11 (l)(ii) in schedule ii appended to the tamil nadu court-fees and suits valuation act, 1955, thusly: article (11).(l) original petitions not otherwise provided for when filed in -(ii) the city civil court, chennai, a sub-court or a district court; - twenty-five rupees.(emphasis added.)9. not ..... to put too fine a point on it, i am of the view that the petitioner shall represent the petition as maintenance original petition before the family court, madurai, paying .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-26-2011
..... are their children. the respondents filed o.s.no.473 of 2002 in the court of principal junior civil judge, ramachandrapuram, against the appellant for maintenance by invoking the provisions of the hindu adoptions and maintenance act, 1956 (for short 'the act'). they pleaded that the appellant neglected to maintain them, though he is possessed of valuable assets and substantial income. the manner, in which the family ..... of an individual on the one hand, and children on the other hand. section 18 of the act stipulates seven circumstances, under which a wife can claim maintenance against her husband. it is only on proof of those circumstances, that the wife can claim maintenance. section 20 of the act, which deals with the maintenance of children and aged parents, is not so stringent. this distinction needs ..... ., p.w.2 has harassed him to the maximum and the same resulted in separation of the family once again. this court has observed the conduct of p.w.2, when counseling was undertaken. he appears to be interested more in the property of the appellant, than the welfare of his daughter and her children. being not so wise person, the ..... allegation as to the possession of properties. even if he can be said to be possessing valuable properties, the obligation to pay maintenance to the wife would arise, if only any of the grounds mentioned in section 18 of the act are proved.10. with a view to ensure that the family of the appellant comprising of himself, his wife-1st respondent and .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-20-2011
..... 3 and 4 who are major daughters are entitled to maintenance under the personal laws, viz., hindu adoptions and maintenance act, 1956 (for short "the act") but not under section 125 cr.p.c. learned counsel also contends that the magistrate cannot award maintenance under section 125 cr.p.c. to the major daughters, who are entitled to maintenance under section 125 cr.p.c. till they attain majority but not ..... passed on the father if the husband of the minor female child is not possessed of sufficient means [sub-section 1(b) and proviso].4. in case of a major child, legitimate or illegitimate other than a marred daughter the liability arises only when the child is by reason of physical or mental abnormality or injury unable to maintain itself [sub ..... -section 1(c)].5. the benefit has also been extended to parents who are unable to maintain themselves [sub-section 1(d)].10. it is not in dispute that the proceedings in ..... declined to interfere with the order passed by the family court which entitled to award maintenance under section 20 (3) of the hindu adoptions and maintenance act, 1956 till her marriage. the supreme court after referring the judgment in noor saba khatoon's (1 supra) and the principles laid down therein, viz., section 125 cr.p.c. does not fix liability of parents to maintain children beyond .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-30-2011
..... . 5. the advocate for the applicants has relied upon the averments made in the application and the additional affidavit and contended that considering the provision of section 21 and section 22 of the hindu adoption and maintenance act, 1956 as interpreted by the supreme court in the case of balwant kumar and another v/s. chanan singh and others, reported in air 2000, scc-1908 ..... so as to confer any right on them to claim maintenance contemplated by section 22 of that act. alternatively, in any case, assuming that the said act is applicable, the applicants have to first seek maintenance from their husbands, children or the property of their husbands and cannot claim maintenance from the respondents. (e) when the second appeal was admitted, civil application no.1312 of ..... operative agriculture society every year of substantial amounts, which prima facie indicates cultivation of irrigated cash crops, it is not possible to believe such statement of the respondents particularly when in the affidavit in reply they have completely suppressed the information about the net income. 15. in my opinion, a case for grant of relief to the applicants is ..... 2004 was filed for stay of execution of the decree in which ad interim order was passed on 20th november, 2006 and was confirmed on 5th march, 2007 and, hence, said prayer for maintenance not having been made or .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Jan-25-2011
..... line of succession of mahadevappa closes on the date of his adoption. it is further contended that having regard to section 12 of the hindu adoption and maintenance act, 1956, an adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in ..... is submitted that the father of the plaintiffs was given in adoption in the year 1951. the hindu adoption and maintenance act, 1956 has come into force w.e.f. 21.12.1956. therefore, the provisions of the said act are not applicable to this case. it is contended that when the father of the plaintiffs went in adoption, he ceases to be the member of the family of the ..... share in the coparcenary property of his natural family. the wife passes with her husband into the adoptive family because according to the shastras, husband and wife form one body. it is settled that when a married hindu is given in adoption and at the time of his adoption, his wife is pregnant, and a son is born to him, the son on his birth ..... passes into the adoptive family and is entitled to inherit in that family, the reason given being that such .....Tag this Judgment!
Court : Delhi
Decided on : Apr-08-2011
..... finding of the court in the hindu adoption & maintenance case has a binding effect in terms of section 11 of cp.c and such an observation in the judgment in a case between the parties is also a relevant fact under section 6 & 13 of the indian evidence act. counsel for the appellant in this ..... paragraph-22 of the impugned judgment by taking a view that the allegations leveled by the appellant in the petition filed under section 18 of the hindu adoption and maintenance act attributing illicit relationship of the respondent with a concubine named pinki resulted in causing cruelty to the appellant in the absence of ..... court is erroneous and cannot be endorsed with. while considering the accusations, regard must be had to the context in which they are made. when there was demand of dowry and ill- treatment, on that account necessarily respondent has to lodge a complaint. if that is to be taken ..... by the appellant was diagnosed as a 'blunt injury' upon the abdomen. the learned metropolitan magistrate, however, directed framing of charges against the accused persons only under sections 323/34 ipc after finding that the nature of injury opined by the doctor was simple and the weapon used by the accused ..... court in section 18 proceedings. the argument of learned counsel for the appellant that the learned trial court ought to have strike off the defence of the respondent due to the non- payment of the amount of interim maintenance will thus not sustain in the light of the above discussion.27. thus .....Tag this Judgment!
Court : Kerala
Decided on : Sep-06-2011
..... . the question is whether such obligation would include the obligation to meet the marriage expenses of the daughter. so far as the hindu father is concerned, there can be not a trace of doubt as sec.3(b) of the hindu adoptions and maintenance act, 1956 which obliges the father to maintain his unmarried daughter specifically includes the right of the claimant for marriage expenses. we extract ..... the indisputable obligation to maintain his unmarried daughter. we find it safe to proceed to further hold that he has the obligation to ensure that the unmarried daughter under his charge is given away in marriage properly. he hence has, we hold, the legal obligation to meet the reasonable marriage expenses of his daughter, as part of his obligation to pay ..... of the constitution speaks only to the executive and the legislature. its command is addressed to all functionaries of the state. the judiciary is not an exception to that command. when attempts are made by courts to understand concepts by resort to the power of interpretation/adjudication, it is essential that the mandate under article 44 - of uniform personal law for ..... ) absence what god would have them guard. all counsel accept and we ourselves are unable to trace any specific relevant verses in the quran which throw light on this aspect. 27. sri. m.p.m. aslam relying on the various texts and commentaries points out, and there is no dispute on that, that it is the responsibility/duty/obligation of the .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Apr-05-2011
..... of 20073. this application has been preferred by the defendant husband in a suit under the provisions of section 18 of the hindu adoption and maintenance act, 1956. the wife/opposite party herein instituted the suit under the provisions of section 18 of the hindu adoption and maintenance act claiming maintenance for herself and her twin daughters contending, inter alia, that the marriage between the parties was solemnised according ..... to hindu rights & rituals in kolkata. the parties to the marriage resided at ranchi (jharkhand). they were blessed ..... filed by the parties without recording any evidence of either parties, i am of the view that the wife should get rs.5,000/- per month for food charge and also rs.5,000/- per month under other heads as claimed in her application in all rs.10,000/- per month for herself from the date of ..... reveals that the husband comes from a respectable family. he is an able-bodied person, capable of earning and he has prepared papers to evade payment of maintenance to the wife. when a husband takes such a recourse, according to the decision reported in air 2004 calcutta 1961, he cannot avoid his liability to maintain his wife and children .....Tag this Judgment!