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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: 2012 Page 1 of about 67 results (0.370 seconds)

Apr 09 2012 (HC)

Muthammal and ors. Vs. V.Pavunambal and ors.

Court : Chennai

Decided on : Apr-09-2012

..... decision in narsinhamurthi v. satyanandan (1941) 2 mad lj 386.62. section 101 of the transfer property act speaks of 'no merger in case of subsequent encumbrance'. section 25 of the hindu adoptions and maintenance act, 1956 provides for creation of charge on the estate and also that the claim even of a widow for maintenance is not a charge upon the estate of her deceased husband, whether joint or separate ..... 1998.41. according to the learned counsel for the respondents/ plaintiffs, section 27 of the hindu adoptions and maintenance act deals with 'maintenance when to be a charge' and a charge can be created on the estate of the deceased or any portion thereof, by a decree of the court and maintenance can be made a charge as per section 27 of the act on the property of the deceased by a decree of the ..... and that the appellants/defendants have been ready and willing to divide and allot the said share to them and therefore, they are not entitled to claim maintenance by virtue of section 19 of the hindu adoptions and maintenance act, 1956.12. the learned counsel for the appellants projects an argument that the appellants are under no obligation to maintain the daughter-in-law or sister-in .....

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Nov 20 2012 (HC)

Present: Mr. Arun Nehra Advocate Vs. Ms. Ridhi Rani Dhanda

Court : Punjab and Haryana

Decided on : Nov-20-2012

..... the family court which is based on a combined reading of section 125 cr.p.c.and section 20(3) of the hindu adoptions and maintenance act. for the reasons aforestated we are of the view that on facts and in the circumstances of the case no interference with the crl. misc ..... principle to the facts and circumstances of the case in hand, it is manifest that the right of a minot girl for maintenance from parents after attaining majority till her marriage is recognized in section 20(3) of the hindu adoptions and maintenance act. therefore, no exception can be taken to the judgment/order passed by the learned single judge for maintaining the order passed by ..... of the code of criminal procedure, 1973 ('cr.p.c.' for short) challenging the orders dated 27.7.2012 (annexure p-6) and 18.10.2012 (anneuxre p-8) whereby interim maintenance was allowed to the respondents under section 125 cr.p.c.learned counsel for the petitioner has submitted that the respondent was major daughter of the petitioner and, hence, was not ..... in a summary proceedings. the provision for interim maintenance has been made because the question of survival of a person is involved. in my opinion, the capacity not to earn and not to maintain herself may be for any reason. that itself is physical or mental abnormality or injury of an unmarried daughter, when she is unable to earn and maintain herself .....

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Mar 27 2012 (HC)

K.Rajendran Vs. Elumalai Chettiyar (Died)

Court : Chennai

Decided on : Mar-27-2012

..... in addition to the above, learned counsel for the appellant submits that as per section 16 of the hindu adoptions and maintenance act, 1956, since the adoption of the plaintiff is recorded by ex.p1 registered adoption deed, there is a presumption that the adoption has been made in compliance with the provisions of the act.14.per contra, learned senior counsel for the respondents submits that the plaintiff rajendran ..... above, it is an admitted fact that the plaintiff rajendran was 22 years old on the date of ex.p1 adoption deed and the validity of such adoption could be upheld only when the custom or usage applicable to the parties permitting the adoption of a person over the age of fifteen years is proved and established as stipulated in clause (iv) referred above ..... . in the recitals in ex.p1 adoption deed, it is only stated that kuttiammal expressed her willingness and desire to take ..... rajendran in adoption and the natural father .....

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Apr 18 2012 (HC)

V.Vanaja Vs. the Inspector General of Registration and ors.

Court : Chennai

Decided on : Apr-18-2012

..... will not come within the said definition because the effect of adoption among hindus is covered by the provisions of the hindu adoptions and maintenance act, 1956. section 12 of the act deals with the effects of adoption, which reads as follows :"12.effects of adoption.-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 ..... instructions. accordingly, the learned special government pleader produced the correspondence with reference to the demand of levy of deficit stamp duty.5. on 30.9.2011, the sub registrar (in-charge), sub registrar office, anna nagar sent a letter to the district revenue officer (stamps), chennai stating that the document, i.e., the settlement deed was submitted for registration on 13 ..... 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 relationships 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 .....

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Jan 11 2012 (HC)

P.Raju Vs. Nallammal

Court : Chennai

Decided on : Jan-11-2012

..... , this court holds that the respondent/plaintiff continues to be the wife of the appellant/defendant. 31. the word 'maintenance' is defined under the hindu adoptions and maintenance act, 1956. the grant of maintenance to a wife by a court of law is not a luxury. the maintenance and support should be according to the standard of the parties, wealth and environment, which they are accustomed to in ..... their marital status. as a matter of fact, right to claim maintenance by wife is her personal right. 32. the fact ..... the plea of the appellant/defendant that in the absence of an appeal being preferred by the respondent/plaintiff, when her plea for charge decree in respect of the property has been negatived by the trial court, the appellate court has passed a charge decree in the appeal filed by the appellant/defendant (husband), this court pertinently points out that the aim of ..... his evidence has deposed that the respondent/plaintiff has purchased the property as per ex.b1-sale deed, dated 31.05.1996, in which he has signed as a witness. 27. if an individual pleads customary divorce, he must allege and prove the incident of custom as per the decision reported in air 1958 ap 611 (rapeti bulli vs. rapeti nakaraju .....

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Jul 26 2012 (HC)

S.Venkatasubramanian. Vs. S.Kannammal

Court : Chennai

Decided on : Jul-26-2012

..... counsel for the revision petitioner/plaintiff is that the trial court has not considered the submission of the revision petitioner that as per section 12 of the hindu adoptions and maintenance act, 1956, after adoption by petitioner/plaintiff's grandfather, the late kuppusamy iyer, the petitioner/plaintiff ceases to be the son of his biological father late ..... 1160 of 2009 to the effect that the revision petitioner/plaintiff has not filed any document to establish his case that he has been taken in adoption by kuppusamy iyer and dismissed the application. earlier, the revision petitioner/ plaintiff filed the main suit praying for the relief of permanent injunction. ..... concerned.4. yet another contention of the learned counsel for the petitioner is that the trial court has not taken into account the deed of adoption dated 07.08.1959 viz., document no.1 filed in the suit and the trial court has committed a serious error in coming to ..... of 2005 on 21.11.2009, has, inter alia, observed that 'the revision petitioner/plaintiff has not proved that he has been taken in adoption by one kuppusamy iyer on 07.08.1959' and resultantly, dismissed the application praying for amendment of short and long cause title in the plaint. ..... in i.a.no.1160 of 2009 that the petitioner/ plaintiff was not taken in adoption by kuppusamy iyer at any point of time and when the suit posted in the list on 04.03.2009 and thereafter, when the case was adjourned on different dates, suddenly, the petitioner has filed i.a .....

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Mar 14 2012 (HC)

Gurumallappa and Others Vs. Shivanagamma and Others

Court : Karnataka

Decided on : Mar-14-2012

..... property to the children born to them, is a restricted one unlike the 1st defendant who is a class i heir.14. section 18 of the hindu adoptions and maintenance act, 1956 reads thus:18.) maintenance of wife- (1) subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this ac, shall be entitled to be maintained by her husband during ..... second wife/illegitimate wife. under the right to maintenance act, on filing of the maintenance petition, the 1st defendant having entered into compromise in the suit filed by her against her husband in o.s.no.369/1968, was given a property in sy.no.47 of mudnakoodu village to the extent of 1 acre 27 guntas, which is mentioned in the deed of ..... law to be considered in this appeal are, whether the lower appellate court is justified in applying the principles as prescribed under section 14(2) of the hindu succession act when the trial court has opined that section 14(1) of the hindu succession act applies to the case on hand; whether the lower appellate court is justified in decreeing the suit of the plaintiffs and reversing ..... maintenance. according to the plaintiffs, only limited estate is given to the 1st defendant. it transpires that, basappa died during february 1996 and on his death, the .....

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Oct 08 2012 (HC)

Vikas Pandey Vs. Vandita Gautam

Court : Allahabad

Decided on : Oct-08-2012

..... appellant. the bombay high court has also held that the wife is not entitled to maintenance when it was clearly established that the income of the wife was better than the husband. it is also important to mention here that section 18 of the act or section 25 of the hindu marriage act deals with the situation where the wife is unable to maintain herself. the word ..... . the brief facts giving rise to this appeal are that the plaintiff- respondent filed original suit no.351 of 1997 against the defendant- appellant u/s. 18 of the hindu adoption and maintenance act ( in brief act) with the allegations that - the plaintiff-respondent was married on 21.6.1991 with the defendant-appellant at his residential house at dehradun. her family members spent an ..... upon chand dhawan (smt) vs. jawahar lal dhawan (1993) 3 supreme court cases 406 and submitted that the apex court clearly held that a divorcee cannot get maintenance u/s. 18 of the hindu marriage act. in a recent case mrs. manisha sandeep gade vs. sandeep vinayak gade, air bombay 2005 page 180 the bombay high court also took the same view and ..... the proceedings has already been moved by the plaintiff-respondent which is pending. the defendant-appellant has not taken care of the plaintiff- respondent since 27.6.1991 and has not given her any amount of maintenance and the plaintiff-respondent is living with her widowed mother. though the plaintiff-respondent is a literate lady having no means to maintain herself, she .....

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Mar 30 2012 (HC)

Teesta Chattoraj Vs. Union of India

Court : Delhi

Decided on : Mar-30-2012

..... found on scrutiny that the petitioners biological fathers name, as per her birth certificate, had not been mentioned in the passport application form, and the adoption deed was not in accordance with the hindu adoption and maintenance act, 1956 (hama). 5. the gist of the communication dated 04.04.2011 issued by the rpo reads as follows: on scrutiny of file, it is seen that ..... maroti vitthal bhatwalkar and anr. v. mahila vikas mandal, chandrapur, 2007 (2) air bom r 44, to submit that even when the biological parents are alive, the court could allow the application of the strangers to take the child in adoption in the interest and welfare of the child. 13. on the other hand, learned counsel for the respondent submits that the ..... form. 2. the petitioner was born on 15.11.1995 at kolkata. her natural parents are sh. abhijit ghosh and smt. rajeshwari ghosh, who is now known as rajehswari chattoraj. when the petitioner was only about two years old, the natural parents of the petitioner obtained decree of divorce by mutual consent. so far as the petitioner is concerned, the terms ..... of his/her natural parents and cannot choose to provide the name of the adopted parent(s) in his/her application form. 27. i now proceed to consider the submissions of learned counsel for the petitioner that the petitioners adoption deed in favour of shri surojit chattoraj is valid. sections 9(1) and 9(2) of the hama are relevant and reads as .....

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Jul 09 2012 (HC)

Gary Naresh Rajan, Chennai Vs. Radha Rajan, Thiruvananthapuram

Court : Kerala

Decided on : Jul-09-2012

Reported in : 2012(3)KLT397; 2012(3)ILR(Ker)623; 2012(3)KLJ404

..... proceedings initiated under section 125 of the code. canvassed by the counsel for the mother, was accepted ..... that even if the petition is not maintainable under section 125 of the code, still the family court has jurisdiction to entertain the claim as one arising in a petition under section 20 of the hindu adoption and maintenance act, 1956 {for short "the act"}. statutory right of the mother enshrined under section 20 of the act to claim maintenance against the son can be enforced in the ..... filed by the respondent-mother under section ..... section 7(1) the family courts act, the family court is exercising the powers of a civil court and in respect of any proceeding under chapter ix of the code, what it exercises is only the jurisdiction exercisable by a magistrate, evidently has been lost sight of by the learned judge, family court when he passed ext.p4 order. petition for maintenance .....

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