Court : Andhra Pradesh
Decided on : Jun-01-2015
..... that the interpretation placed on the provisions of the hindu marriage act or the hindu adoptions and maintenance act cannot be applied in interpreting the provisions of the special marriages act, 1954, this court should rely on section 40 of the pars.marriage and divorce act, 1936 in interpreting section 25 of the hindu marriage act, 1955, and create a charge on the retiral benefits of the respondent, even though ..... . we make it clear that this order does not preclude kumari k. navya, the daughter of the petitioner and the respondent, from claiming maintenance, education and marriage expenses under the hindu adoption and maintenance act, 1956 (hereinafter called the 1956 act) by instituting appropriate legal proceedings. with regards her claim of permanent alimony of rs.25,00,000/-, it is the petitioners case that she ..... to take the loans to meet his legal expenses is not supported by any documentary evidence of the amounts paid by him as legal fees, and to whom and when. in the absence of any evidence being produced in this regard, we see no reason to accept his submission of being deep in debt only because of his ..... terminated, by a decree for divorce under the hindu marriage act, the rights of the divorced wife seem to be cribbed, confined and cabined by the provisions of the hindu marriage act and to the rights available under sections 25 and 27 of the act. (kirtikant d. vadodaria v. state of gujarat ).section 25 of the act confers power on the court to secure payment of .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-08-2015
..... out of the inherited estate was kept open. while taking the view that a biological mother, when she claims maintenance from her natural born children, she does so in her status as their mother ?, the supreme court, considered the explanation attached to section 20 of the hindu adoptions and maintenance act, 1956. the supreme court observed that to exclude altogether the personal law applicable to the parties from ..... bai mangal's case, (1899 ilr 23 bom 291) (supra), was further conditioned by ammer ali, j., in mokhoda dassee v. nundo lall haldar, (1900) ilr 27 cal 555, by holding that the right of maintenance is again subject to the satisfaction of the fact that the widowed sonless daughter must have been at the time of her father's death maintained ..... , and the widowed daughter returns to live with her father or brother, there is a moral and social obligation, but not a legally enforceable right by which her maintenance can be claimed as a charge on her father's estate in the hands of his heirs." (page 295). ? 20. however, the same learned judge, ranede, j., in a later case in yamuna ..... on his death if his self acquired property descends by inheritance to his heirs, the moral liability of the father-in-law ripens into a legal one against his heirs. 27. a full bench of the andhra pradesh high court in t.a. lakshmi narasamba v. t. sundaramma held: "the moral obligation of a father-in-law possessed of separate or .....Tag this Judgment!
Court : Allahabad Lucknow
Decided on : Jan-27-2015
..... explanation (ia) to sub-section (4) of section 9 of the hindu adoptions act, is quoted below:- "an act further to amend the hindu adoptions and maintenance act, 1956" be it enacted by parliament in the thirteenth year of the republic of india as follows:- 1. short title- this act may be called the hindu adoptions and maintenance (amendment) act, 1962. 2. amendment of section 2- in section 2 of the hindu adoptions and maintenance act, 1956 (78 of 1956), (hereinafter referred to ..... name without any content. is it a museum of beliefs, a medley of rites, or a mere map, a geographical expression?"(3) having posed these questions which disturbed foreigners when they think of hinduism, dr. radhakrishnan has explained how hinduism has steadily absorbed the customs and ideas of peoples with whom it has come into contact and has thus been ..... the matter and has concluded that hinduism can safely be described as a way of life based on certain basic concepts. i find it appropriate to quote paragraphs no. 27, 29, 30, 31, 34, 37 and 39 of the judgement in the case of shastri yagnapurushdasji and others (supra) which are as under ..... :- "27. who are hindus and what are the broad features of hindu religion, that must be the first part of our enquiry in dealing with the present controversy between the parties. the historical and etymological genesis of the word "hindu,' has given rise to a controversy amongst indologists; but the view .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-14-2015
..... in such a situation to be agitated under the hindu adoption and maintenance act, 1956. on these facts of the case, the court served that hindu wife can seek maintenance under section 18(1) of the hindu maintenance act. applying the ratio to the present case, we find that the maintenance can be provided for under the provisions of section 20 of the hindu adoption and maintenance act. it would be useful, to refer to the provisions ..... for "mtp", the appellant signed as her husband. furthermore, she has deposed that on 16.12.2005, the appellant had visited the house of said witness at 1.30 pm when the respondent was working there and at that time on being queried as to his identity he told the witness that he was the respondent's husband. we have no ..... case of manjula vs. k.r. mahesh 2006 (5) scc 461 the supreme court observed that when the parents fight out their marital disputes, the children have nothing to do with it are the ultimate victims. in the circumstances we find that grant of maintenance cannot be faulted even though the marriage has not been proved. 13. we are of the view ..... work for the said witness as a house help. the witness has deposed that she started working in the house when her elder son was two to three years old. in her cross examination it is stated that she was present when the respondent delivered her second child. it is pertinent to mention that in the cross examination she deposed that on .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Sep-10-2015
..... 21 years. if that is so, in the absence of any usage and customs in the community of the plaintiff, it is not permissible under the provisions of section 10(1)(iii) of the hindu adoption and maintenance act, 1956. when the adoption deed itself is invalid in the eye of law, the question of presumption to the alleged document does not arise ..... of defendant no.1 not in the genitive family of the plaintiff. therefore, the trial court has recorded a finding that in view of provisions of section 10(1)(iii) of the hindu adoption and maintenance act, 1956, the adoption of plaintiff is not permissible. according, the trail court dismissed the suit. on re-appreciation of entire material on record, the lower appellate court has ..... has not pleaded regarding the customs, usage as well as rituals and ceremonies that took place in respect of the same and in view of the provisions section 10 of the hindu adoption and maintenance act, 1956, the alleged adoption is invalid and ultimately confirmed the judgment and decree of the trial court. 18. though the learned counsel for plaintiff has contended that the alleged ..... has not produced has not produced any oral and documentary evidence to discharge the initial burden on him. the provisions of section 10 of the hindu adoptions and maintenance act, 1956, clearly indicates that the person capable of being taken in adoption has to fulfil certain conditions and the plaintiff has not produced any oral and documentary evidence to show that he was actually .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Sep-16-2015
..... hindu succession act, hindu minority and guardianship act, hindu adoption and maintenance act etc. were enacted. the 81th law commission report, in view of subsequent enactment suggested to repeal the act of 1856, hence on 31st august, 1983, hindu widow s re-marriage act, 1856, was repealed. section 21 of the hindu adoption and maintenance act, 1956 define dependents. the learned counsel appearing for the petitioners invited our attention to the provisions of section 21 of the hindu adoption and maintenance act, 1956 ..... on section 2 of the hindu widow s re-marriage act, 1856, however, the hindu widow s re-marriage act, 1856 was repealed by parliament by enacting the hindu widow s re-marriage [repeal] act, 1983. the learned counsel appearing for the petitioner has also argued that, there is no rational reason behind giving the right of pension to the childless widow even after re-marriage when she ..... to the para 11.3 of the said letter and submits that, there is no rational reason behind giving the right of pension to the childless widow even after remarriage when she does not remain to be member of the family of deceased husband. it is submitted that, the petitioners and the respondent no.6 belong to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-11-2015
..... to commencement of the hindu adoptions and maintenance act, adoption deed was executed on 10.05.1943 and the said fact was admitted by the 2nd defendant in the written statement itself. when the adoption took place prior to commencement of the act, ramulu ceased to be the member of his natural family and became a coparcener in the adopted family. therefore, under section 11 of the act, ramulu was disentitled ..... the 1st defendant is estopped from contending that the ramulu is continuing as member of the joint family and that in view of the adoption had taken place prior to commencement of the hindu adoptions and maintenance act, 1956 (for short, the act') the property that vested on ramulu will not be divided but the trial court on erroneous approach held that the ramulu was not entitled ..... have been anxious not to recognise such composite families with legal rights unless it is possible to infer a tenable and enforceable arrangement which may be either express or implied ? 27. this court in r. sudhakar reddy vs. j. govinda reddy (2015 (2) ald 531), held as follows: it is further held that unless a custom is prevailing in the particular ..... loses all rights of inheritance as completely as if, he had never been born as held by the allahabad high court in chandrakunwar vs. choudri narpat singh (1907) 34 ia 27) and later judgment of the apex court in salig ram vs. munshi ram and another (air 1961 (sc) 1374). 17. in view of the principles laid down in the decisions .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Sep-10-2015
..... age as 21 years. if that is so, in the absence of any usage and customs in the community of the plaintiff, it is not permissible under the provisions of section 10(1)(iii) of the hindu adoption and maintenance act, 1956. when the adoption deed itself is invalid in the eye of law, the question of presumption to the alleged document does not arise ..... family of defendant no.1 not in the genitive family of the plaintiff. therefore, the trial court has recorded a finding that in view of provisions of section 10(1)(iii) of the hindu adoption and maintenance act, 1956, the adoption of plaintiff is not permissible. accordingly, :16. : the trial court dismissed the suit. on re-appreciation of entire material on record, the lower appellate court has ..... plaintiff has not pleaded regarding the customs, usages as well as rituals and ceremonies that took place in respect of the same and in view of the provisions section 10 of the hindu adoption :17. : and maintenance act, 1956, the alleged adoption is invalid and ultimately confirmed the judgment and decree of the trial court.18. though the learned counsel for plaintiff has contended that the alleged ..... proved the factom of giving and taking and the plaintiff has not examined the bond writer of ex.p.7.19. the provisions of section 10 of the hindu adoptions and maintenance act, 1956, no person shall be capable of being taken in adoption unless he or she has not completed the age of 15 years, unless there is a custom or usage applicable to the parties .....Tag this Judgment!
Court : Rajasthan Jodhpur
Decided on : Feb-09-2015
..... 2000 threadbare, more particularly, focusing on the embargo envisaged under clause (ii) of section 11 of the act of 1956. the court held: "the hindu adoptions and maintenance act, 1956 and the juvenile justice act, 2000 must be harmoniously construed. the hindu adoptions and maintenance act, 1956 deals with conditions requisite for adoption by hindus. the juvenile justice act of 2000 is a special enactment dealing with children in conflict with law and children in need ..... the alternate hypothesis. alternatively, even if there were to be a conflict between the provisions of the hindu adoptions and maintenance act, 1956 and the juvenile justice act of 2000, it is the latter act which would prevail. this is on the well settled principle that when there are two special acts dealing with the same subject matter, the legislation which has been enacted subsequently should prevail. the supreme ..... the inconsistency cannot be reconciled." municipal council, palai v. t.j. joseph air 1963 sc 156, 1, 1564. if the 2000 act is held to be inconsistent with the 1956 act, when passing the later act parliament impliedly amended the hindu adoptions and maintenance act, 1956, to permit adoption of children in the specified subclass, irrespective of whether a person has children of the same sex." 6. in rajan mittal and .....Tag this Judgment!
Court : Delhi
Decided on : Jan-14-2015
..... would be defeated. 19.20 the aforesaid procedure be followed in all cases relating to maintenance including cases under hindu marriage act, 1955, protection of women from domestic violence act, 2005, hindu adoption and maintenance act, 1956, special marriage act, 1954 indian divorce act, 1869 as well as section 125 cr.p.c. 19.21 it is clarified that the directions contained in the ..... (ix) contribution to ppf, epf, approved superannuation fund. (x) mobile/landline phone bills. (xi) club subscription and usage, subscription to news papers, periodicals, magazines, etc. (xii) internet charges/cable charges. (xiii) household expenses including kitchen, clothing, etc. (xiv) salary of servants, gardener, watchmen, etc. (xv) medical/hospitalization expenses. (xvi) legal/litigation expenses. (xvii) expenditure on dependent ..... have to seriously engage themselves in the journey of discovering the truth. that is their mandate, obligation and bounden duty. justice system will acquire credibility only when people will be convinced that justice is based on the foundation of the truth. xxx xxx xxx 35. what people expect is that the court should ..... and expenditure of the parties are necessary to be determined not only to fix the maintenance under section 24 but also to determine the permanent alimony under section 25 of the hindu marriage act and right to the joint properties under section 27 of the hindu marriage act. it is therefore necessary to formulate a format of the affidavit of assets, income .....Tag this Judgment!