Court : Delhi
Decided on : Aug-03-2016
..... . 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 ..... 1) of section 14, sub-section (2) does not come into play. if the acquisition is for the first time, without any vestige of ..... a restrictive estate, which received the colour of 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 subsection ( .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Jul-15-2016
..... decree for maintenance, that would only create a charge over the property. the obligation so created for the first time, shall not convert the limited or restricted right into one of absolute ownership under sub-section (1) of section 14 of the hindu succession act, 1956. 27. under sub-section (1) of section 22 of the said act, the obligation ..... in various spheres. it was at this juncture that the parliament stepped in and enacted various statutes like the hindu marriage act, 1956. the hindu adoption and maintenance act, 1956, and the hindu succession act, 1956 providing for intestate succession. 21. though there is no reference to the aforesaid decision by the apex court in ..... supposed to be in the knowledge on the nature of property in the hands of laxmibai and the source of her income. section 106 of the evidence act states that when any fact is specially within the knowledge of any person, the burden of proving that fact is upon him. order xi, ..... of achuthan nair v. chinnammu amma and others, reported in air 1966 sc 411, it has been held in para 7 that under hindu law, when a property stands in the name of a member of a joint family, it is incumbent upon those asserting that it is a joint ..... court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: provided that .....Tag this Judgment!
Court : Delhi
Decided on : Nov-30-2016
..... court also notes the contrary/different pleas which have been taken by the respondent. in her petition under section 18 of the hindu adoption and maintenance act (ex.pw-1/2), her submission is that immediately after the phera when she had gone to her matrimonial home, her mother-in-law and other in-laws tortured her for ..... to establish that the petitioner has failed to prove his case is negatived. 35 this court has been informed that the petitioner is drawing maintenance under section 18 of the hindu adoption and maintenance act and a sum of rs.10,000/- is being paid to the petitioner and rs.7,500/- as school expenses of the child ..... the petitioner is nothing short of an allegation; it amounts to a character assassination of the petitioner. mat appeal no.18/2009 page 18 of 25 27 the respondent did not prove her case by leading any evidence. the averment of pw-1 always was that he treated his bhabhi nirmala as his ..... has not been correctly appreciated. the appellant has placed reliance on a judgment in vishnu dutt sharma vs. manju sharma delivered by the apex court on 27.02.2009. submission being that the apex court had noted the legal position which was to the effect that an irretrievable break down of marriage is ..... court. 3 the parties had been married according to hindu rites and ceremonies mat appeal no.18/2009 page 1 of 25 on 20.06.1995 at delhi. their marriage was consummated. one male child namely ashutosh was born out of their wedlock on 27.6.1996. the contention of the husband was .....Tag this Judgment!
Court : Delhi
Decided on : Sep-05-2016
..... to be read in conjunction with one another and interpreted accordingly. we can, therefore go to hindu adoptions and maintenance act, 1956 (for short the 'maintenance act') to understand the meaning of the 'maintenance'. in clause (b) of section 3 of this act "maintenance includes (i) in all cases, provisions for food, clothing residence, education and medical attendance and treatment; (ii) in the case of ..... . the relevant discussion appears in para no.10 which is extracted hereunder:- 10. maintenance has not been defined in the act or between the parents whose duty it is to maintain the children. hindu marriage act, 1955, hindu minority and guardanship act, 1956, hindu adoptions and maintenance act, 1956 and hindu succession act, 1956 constitute a law in a coded form for the hindus. unless there is anything ..... be maintained by his parents like his sister (applicant herein). it is beyond comprehension as to why his father gifted him a laptop in the year 2011 when he is not working and obviously is a burden on his family. in such circumstances, it would have been extremely difficult for the father of the applicant ..... her husband which includes house rent, household expenses, miscellaneous expenses as well tuition fees and transport charges but without disclosing her own assets and income truthfully. 7. section 24 of the hindu marriage act makes a provision for award of interim maintenance to a spouse who has no independent income sufficient to support her and fight the legal battle. .....Tag this Judgment!
Court : Chennai
Decided on : Nov-14-2016
..... could be seen that inasmuch as prior to the advent of the hindu adoptions and maintenance act 1956, a hindu widow would not be entitled to take in adoption without the consent or authority of her husband and the adoption performed before 21.12.1956 by a hindu widow cannot be made valid under the hindu adoptions and maintenance act, 1956 as the said act would not operate retrospectively. based upon the above said decision, it ..... (sawan ram and others vs. kala wanti and others) are not applicable to the facts and circumstances of this case as those decisions pertain to the cases of adoption after the advent of hindu adoptions and maintenance act, 1956. the counsel for the plaintiff also, in support of his case relied upon the following decisions reported in 2005 (5) ctc 1 (t.n.anantha balaraje urs ..... be seen that the plea of the first defendant that he was aged about 2 years at the time of alleged adoption would not be a true case. the proof of adoption being squarely on the shoulders of the first defendant, when nothing is forthcoming to sustain his case on that aspect, it has to be held that the first defendant has miserably ..... (prayer: second appeal is filed under section 100 of civil procedure code, against the judgment and decree dated 10.07.2008 passed in a.s.no.528 of 2007 on the file of vii additional city civil court at .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-02-2016
..... main petition. 2. mr. sarwate, learned counsel for the petitioner, has submitted that even though the respondents have claimed maintenance under section 18 of the hindu adoption and maintenance act, 1956 (said act), the family court has purported to exercise jurisdiction under section 24 of the hindu marriage act, 1955 (hindu marriage act), notwithstanding the circumstance that there is considerable difference in the scope and parameters of the two provisions. mr. sarwate submitted ..... under section 24 of the hindu marriage act, whilst the conduct of claimant's wife may be irrelevant in order to maintain a claim of maintenance ..... , the position is quite otherwise in proceedings under section 18 of the said act. under the later act, the claimant's wife has to establish that she is living away .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Apr-27-2016
..... on the ground that plaintiff no.1 had become absolute owner of the properties after the death of gorakh in view of provisions of section 14 of hindu succession act, 1956 and section 12 of hindu adoptions and maintenance act, 1956 (hereinafter referred to as 'the act' for short). the learned counsel submitted that on this ground, the suit ought to have been decreed and there is no question of formulation ..... of substantial questions of law on any of the aforesaid points. 12. both the courts below have held that the factum of adoption, giving and taking ..... due to this circumstance, the defendants do not want to give share to plaintiffs. it is contended that plaintiff no.1 was driven out of joint hindu family house when she demanded the house and when she refused to execute relinquishment document in favour of defendants. it is the case of plaintiff no.1 that plaintiff no.2 is married and so, she ..... the death of raghunath, father of gorakh. this document shows that names of all the issues of raghunath were entered as successors of raghunath in respect of lands survey nos.27 and 97. if there was partition made in the year 1972, in ordinary course, such mutation would not have been made and it can be said that the document was .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Nov-17-2016
..... to prove the factum of adoption. even though d.w.2 speaks about his presence at the time when janakiraman pillai took the first defendant in adoption, no suggestion was put to this witness disputing his version. hence, this court does not ..... to give and take the boy in adoption, may both or either of them delegate the physical act of handing over the boy or receiving him,. as the case may be, to a third party. 22. in this case, the adoption even according to the plaintiff suggest that it must be after the commencement of hindu adoption and maintenance act. the plaintiff has examined d.w.2 ..... arrived at by courts below that the said exhibits have been executed by plaintiff is legally tenable? (b) when the execution and attestation of ex.b21 has not been proven as contemplated under section 68 of indian evidence act and section 63 of indian succession act, whether the courts below are correct in deducing the title of first respondent based on the same? 7. the ..... order dted 20.04.2012 and made in m.p.(md) nos.1 to 3 of 2012 in s.a.(md)no.1105 of 2008] prayer: second appeal filed under section 100 of civil procedure code, against the judgment and decree of the additional district and sessions judge, fast track court, dindigul, dated 17.09.2005 in a.s.no.183 of 2000 .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-23-2016
..... oral judgment: 1. this writ petition arises from an interim maintenance proceedings under section 18 of the hindu adoptions and maintenance act, 1956. by the application at exhibit-17 filed in mj petition no.c-4 of 2013, the petitioner-wife claimed interim maintenance @ rs.2,50,000/- per month for herself and @ rs.1,50,000/- per month ..... marriage and since he was not aware about the independent source of income of the petitioner. it was also contended that offer for payment of rental charges for alternate accommodation for the petitioner was an offer for the accommodation at new delhi and not in mumbai. this submission, i find is without ..... the respondent that some of the expenses referred to in the said statements are incurred for the petitioner-wife. it is stated that monies were expended when foreign tours were undertaken by both petitioner and respondent. this explanation, in my view, however does not take the respondent's case any further. ..... rs.7,41,178/- and withdrew rs.21,00,000/- from this bank account and during the financial year 2012-13, the respondent deposited rs.27,96,679/- and withdrew rs.28,73,000/- from this bank account. contents of bank statement at page 108 show that the respondent has paid ..... deposited rs.5,15,000/- and withdrew rs.5,67,400/-from this bank account, during the financial year 2009-10, the respondent deposited rs.55,27,353/- and withdrew rs.26,46,440/- from this bank account, during the financial year 2010-11, the respondent deposited rs.7,36,595/- and .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-21-2016
..... and decree dated 13th february 2006 passed by the learned judge of family court, at mumbai. the appellant-wife filed an application under sections 18 and 20 of the hindu adoption and maintenance act, 1956 (for short "the said act"). the appellant prayed for a maintenance @ rs.30,000/- per month for herself and rs.20,000/- per month for the minor son. by the impugned judgment and ..... decree, the family court directed the respondent-husband to pay rs.10,000/- per month as maintenance to the appellant-wife and rs.3,500 ..... /- per month as maintenance to the ..... march 2016 filed by the respondent-husband. we have already quoted extensively the order dated 4th september 2014 passed by this court in family court appeal no.95 of 2007 when the appeal along with companion appeal were extensively heard. a request was made by the respondent-husband for grant of permission to adduce additional evidence. the said request was accompanied .....Tag this Judgment!