Court : Karnataka
Decided on : Dec-18-2014
..... rsa263311 8. thopamma had instituted the suit in o.s. no.245/1968 for maintenance and creation of charge. at the first instance, so far as the right to claim maintenance, it is under section 18 of the hindu adoptions and maintenance act, 1956 [hereinafter referred to as the ham act for short]. that she sought for a maintenance from her husband. this statutory right is conferred upon her under sub ..... provision either under the ham act or any other provision of law that this right of maintenance could be a charge on the properties of her husband.9. now, so far as creation of charge, section 27 of the ham act provides the circumstances when maintenance could be a charge on the property and it reads; maintenance when to be a charge.-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 will of .....Tag this Judgment!
Court : Delhi
Decided on : Feb-21-2014
..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... the colour of pre-existing restrictive estate possession by a hindu female, the operation of subsection (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play. if the acquisition .....Tag this Judgment!
Court : Delhi
Decided on : Jul-07-2014
..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play ..... herein (petitioner in trial court or other sons who support the will) inasmuch as sh. raj kumar/petitioner/respondent no.1 in his cross-examination dated 27.10.1999 admitted that he had never seen his father writing and reading and that he cannot recognize all the signatures of sh. amolak ram as he .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Apr-11-2014
..... has been held that the expression hindu wife? used in section 18 of the hindu adoption and maintenance act, means legally wedded hindu wife and no less and the appellant not being the legally wedded wife of the respondent cannot resort to section 18 of the hindu adoption and maintenance act to claim maintenance. in the present case reliefs are not claimed under the hindu adoption and maintenance act. be that as it may, prima facie, the ..... name nandlal shet and that the opponent is forced to stay outside the flat by the applicant and her family members. the applicant was in possession of all her ornaments when the opponent was forced to leave the flat. the applicant was causing harassment to him. there was no demand of dowry. if the applicant does not wish to continue ..... 2012 passed by the trial magistrate, the opponent filed criminal appeal no. 29 of 2012 before the learned sessions judge, north goa, panaji. by the impugned judgment and order dated 27.02.2013, the learned appellate court dismissed the said appeal. being aggrieved, the opponent has challenged the order of the trial magistrate dated 16.1.2012 and the order dated ..... subsection (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides. (5) the respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1). (6) upon the failure on the part of the respondent .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-13-2014
..... be useful to refer to the relevant provisions of the hindu adoptions and maintenance act, 1956.(78 of 1956) (for short 'the act'). section 5 of the act provides for adoption to be regulated by chapter ii. section 5 reads thus: 5. ??adoption to be regulated by this chapter ?? (1) no adoption shall be made after the commencement of this act by or to a hindu except in accordance with the provisions contained in this ..... insist for disclosure of the name of the biological father of master jash is wholly without application of mind and patently contrary to the provisions of sections 5,6,15 and 16 of the hindu adoptions and maintenance act, 1956. 15. we therefore, allow the present petition by directing the respondents to accept the application of the petitioner's minor son 'master jash mahesh dedhia' and ..... as received by the mother of the petitioner under a valid decree of divorce as also it was not open for the passport authorities to question about the validity of adoption when the same was registered. it was held that it was only the first husband who could raise an objection and which was not raised. it was therefore, held that it ..... the minor son master jash was changed 'as master jash mahesh dedhia so as to insert the name of the adoptive father mr.mahesh dedhia. this change in the name was notified in the gazette of the government of maharashtra dated 27.5.2009. the school record also show the name of the minor son as master jash mahesh dedhia. an adhar .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-10-2014
..... proved contrary to the other evidence which is available on record? (ii) whether the manner of consideration of the provisions contained in section 10 of the hindu adoption and maintenance- act, 1956 is contrary to law and therefore, as to whether the lower appellate court has committed error in reversing the judgment and decree passed, ..... her husband to hand over the management of the family to him on the ground that he is their adopted son and that the adoption is evidenced by a registered adoption deed dated 27.05.1987; that the plaintiff and her husband being innocent and illiterate got the contents of deed read over ..... north canara which was part of the madras presidency and mysore, to so extend the age as to render valid by custom the adoption of a married man. 27. thus, from the aforesaid decisions, it is clear that amongst lingayaths, residing in this state, there was no custom prevailing prior ..... and general requirements. an exception takes the case from the purview of general requirements. an exception must be proved and it cannot be presumed. when an exception is engrafted in the main part of the provision to the effect that on satisfaction of certain conditions the general requirements need not ..... and with such invariability as to show that it has, by common consent, been submitted as the established governing rule of a particular locality. 27. a custom may be proved by general evidence as to its existence by members of the tribe or family who would naturally be cognizant of .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-30-2014
..... was taking care of the appellant. the appellant through his maternal uncle shri.rakesh kumar geharilal jain had filed a petition under section 20 of the hindu adoption and maintenance act read with section 7(i)(a) of the family court act,1984 interalia seeking maintenance and claiming certain other expenses. it was the case of the appellant before the family court that the appellant's deceased mother ..... . the maternal uncle of the appellant in the capacity as guardian had filed a petition against the respondent-father under section 20 of the hindu adoption and maintenance act interalia praying that the respondent be directed to pay maintenance at rs.50,000/- per month which will cover the appellant's food, clothing, shelter, school fees and expenses connected with the schools, transport and medical expenses ..... at nathdwara, there further demands were raised for clothing material, cd player, a necklace set of gold, a gold ring and cash of rs.10,000/- and a maruti van, when already huge amount was spent at marriage. 5. it was the case of the appellant that the appellant's deceased mother complained of ill-treatment at the hands of the ..... . the respondent is directed to pay to the appellant cost of rs.25,000/- within a period of six weeks. civil application does not survive and is disposed of accordingly. 27. at the request made by learned counsel for the respondent, time of one month is granted to deposit the arrears. .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-14-2014
..... to be borne in mind that presently we are at the stage of award of interim maintenance only. section 23 of the hindu adoptions and maintenance act, 1956 (said act) confers a discretion upon the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of the said act, and in doing so, the court shall have due regard to the considerations set ..... of the circumstance that the petitioner has been making voluntarily payments, payments towards lic premium, medi claim policy, school fees for the minor child, payments towards electricity bills, society maintenance charges, phone bills etc. the impugned order also takes cognizance of the circumstance that the parties have joint bank accounts and fixed deposit receipts which are inoperable due to the dispute ..... provisions for the minor child. this is indeed commendable. 5. mr. sayyed, was however his vehement self, when it came to attacking the impugned order, which according to him has ignored vital and relevant parameters in the matter of award of interim maintenance. mr. sayyed adverted to some of such vital parameters, which according to him have been totally ignored by ..... be said to the credit of mr. i. a. sayyed, as also the petitioner, who was personally present in the court is that both of them assured fullest cooperation, when it came to extension of support both emotional and financial to the minor child, who admittedly has some special needs. there was not the slightest hesitation on the part of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-25-2014
..... | | |804 (ap) | | |8 |c.g.t. v. b.s. |the amount spent by a hindu father on his daughter s | | |apparao |marriage is treated as maintenance (and not a gift) | | |(2001) 248 itr |under the hindu adoptions and maintenance act, 1956. | | |103 (ap) | | |9 |gowli buddanna v.|a sole surviving coparcener can constitute a hindu | | |c.i.t. |undivided family. | | |60 itr293(sc) | | |10 |c.w.t. v ..... never arise for adjudication before a single member bench or a bench which does not consist of a judicial member. so construed, section 5(6) will no longer be susceptible to charges of unconstitutionality.99. in view of the reasoning adopted by us, we hold that clause 2(d) of article 323-a and clause 3(d) of article 323-b, to ..... alterations constituted a grave and deliberate incursion into the judicial sphere. quite bluntly, their aim was to ensure that the judges in dealing with these particular persons on these particular charges were deprived of their normal discretion as respects appropriate sentences. they were compelled to sentence each offender on conviction to not less than ten years' imprisonment, and compelled to ..... to the tribunal. this is what happened when the central administrative tribunal was established. all cases pending in the high courts stood transferred. now that exclusive jurisdiction is vested in the banking tribunal, it is only in that forum that bank cases can be tried and, therefore, a provision like section 31 was enacted.27. with regard to the observations of the .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-18-2014
..... has held that u/s. 20(3) of the hindu adoption and maintenance act provides right to claim maintenance after attaining the majority till the date of their marriage. nevertheless, in this case also as rightly argued by the learned counsel for the respondent sec. 125(c) of cr.pc has ..... the order of family court, by which it granted maintenance under s. 125 to the daughter even after her attaining majority but till her marriage, taking the view that it would avoid multiplicity of proceedings as otherwise the party would be forced to file another petition under s.20(3) for further maintenance-hindu adoption and maintenance act, 1956, s.20(3)." 19. though the apex court ..... maintain his children and no one shares the burden with him." he further says, at page no. 462: "a father must maintain his female children absolutely until they are married when they have no property of their own. but he is not obliged to maintain his other male children unless they are disabled by infirmity or disease." ?? in another famous book ..... right and is sufficient to bring them within the ambit of s. 125(c) of cr.pc to claim maintenance from their father. in this background, it needs to be analyzed what constitutes an injury as contemplated under the said provision. 27. as it is apparent that physical or mental abnormality can be easily ascertained from the facts and circumstances of the .....Tag this Judgment!