Court : Supreme Court of India
Decided on : Aug-22-2017
..... guilty of rape, sodomy or bestiality; or (iii) that in a suit under section 18 of the hindu adoptions and maintenance act, 1956 (78 of 1956), or in a proceeding under section 125 of the code of criminal procedure, 1973, (2 of 1974) or under corresponding section 488 of the code of criminal procedure, 1898 (5 of 1898), a decree ..... code may be purely voluntary. parliament may feel the ground by some such method. this is not a novel method. it was adopted in the shariat act of 1937 when it was applied to territories other than the north-west frontier province. the law said that here is a shariat law which should ..... grow to sustain the value of such a morality. the democratic values survive and become successful where the people at large and the persons in charge of the institution are strictly guided by the constitutional parameters without paving the path of deviancy and reflecting in action the primary concern to maintain ..... god's help, effect a real reconciliation." maulana mohammad ali has commented on the above verse thus: "this verse lays down the procedure to be adopted when a case for divorce arises. it is not for the husband to put away his wife; it is the business of the judge to decide the ..... marriage; (a) the bridegroom, (b) the guardian of the bride, and (c) the person who conducted the nikah ceremony connected with the marriage. section 27. where a husband desires to divorce his wife the procedure laid down in schedule ii shall be followed. (2) where a wife desires to effect a .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Oct-09-2017
..... 1956. by operation of section 14 of the said act, the right of residence given to satyawati in the first floor of the doctor's lane house ripened into an absolute title inasmuch as the said right was given to her in recognition of a pre-existing right to maintenance inhering in her. even under the hindu law obtaining prior to the enforcement of hindu adoptions and maintenance act, 1956 ..... plaintiff is no longer residing in the house; she voluntarily vacated the house as can be gathered from the oral evidence, and when she no longer possesses the house, she cannot take shelter under section 14(1) of the hindu succession act. he has garnered support from the judgments of the hon ble supreme court in the cases of kothi satyanarayana v. galla ..... .1. in these circumstances, the plaintiff cannot claim to have become absolute owner of the house taking shelter under section 14(1) of the hindu succession act. i have no hesitation in also expressing my opinion that neither section 14(1) nor 14(2) of the hindu succession act gets attracted when defendant no.1 allowed the plaintiff to stay in his house. if at all ..... and 59 of the act are extracted here as below:- 52. duties of registering officers when document presented.-. (1)(a) the day, hour and place of presentation, [the photographs and finger prints affixed under section 32a]., and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it; :27. : (b) a .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-27-2017
..... there is no bar legally under section 125 cr.p.c. proceedings to claim maintenance even after divorce by wife but for specifically if at all under section 18 of the hindu adoptions and maintenance act, for divorced wife is not wife there under; on that ground he cannot avoid maintenance that too when the law is very clear in ..... rs.10,000/- to rs.8,000/- per month by otherwise confirming the order of the court below. 27. accordingly and in the result, the impugned order of the lower court granting maintenance at rs.10,000/- per month from date of petition is but for to reduce to rs.8,000/- ..... his brother in india in purchasing properties in and around hyderabad city and his brother also being paid rs.10,000/- per month towards his charges for supervising his properties and in purchasing properties and their e-mail conversations are also clear in this regard. she is now residing with her ..... are so entitled either because of the tenets supported by clear public policy or because of the need to subserve the social and individual morality measured for maintenance. 27. in taking the aforesaid view, we are also encouraged by the following observations of this court in capt.ramesh chander kaushal vs. veena kaushal ((1978 ..... the criminal proceedings against him were dropped. she averred further that what she mentioned the events in her diaries were even destroyed by him. on 27.03.2008, they both came to india and he and his family members sent her to her parents house at khammam and since then, he .....Tag this Judgment!
Court : Chennai
Decided on : Feb-01-2017
..... shown to be according to the custom or usage of community to which the parties belonged to, in view of prohibition contained under section 10(iv) of the hindu adoptions and maintenance act 1956. in the case on hand, custom or usage in the community to which the parties belong to has neither been pleaded nor proved. 24. the learned counsel for the respondents ..... the contents of the will reveals that the same has been created only to sustain the defence in the suit. the will also recites that the second plaintiff was given adoption when he was 3 years old on the day of vijayadhasami. this is contrary to the stand taken by the 1st defendant in his written statement. pw5 who claimed to be ..... the rites by the 1st defendant and his wife, the evidence is contradictory and it does not support the case of adoption. 27. for all the above reasons, i am unable to agree with the trial court on the finding that adoption has been established. the trial court based its conclusion only on the recitals found in the will said to have been ..... and registration copy of the sale deed dated 29.01.1986 as additional documents. he has also filed m.p.no.1 of 2015 again under order 41 and rule 27 seeking to produce the following documents: 1. the original death ceremony copy issued on the death of the 1st plaintiff doraisamy naidu. 2. registration copy of the sale deed dated .....Tag this Judgment!
Court : Delhi
Decided on : May-24-2017
..... ,000/- per month. as such the petitioner has been directed to pay rs.22,000/- per month by way of interim maintenance.13. while awarding maintenance under section 125 cr.p.c. or maintenance pendentelite under section 24 of the hindu marriage act or the maintenance under section 18 of the hindu adoption or maintenance act, courts are not only guided by the income of the husband in determining the amount of monthly ..... maintenance. it has been held that crl.rev.p.363/2016 page 5 of 8 several factors including the status of the ..... .13. in most cases the standard of living of one or both of the parties will have to suffer because there will be two households to support instead of one. when this occurs, the court clearly has to decide what the priorities are to be and where the inevitable loss should fall. generally speaking, wife is the financially dependent spouse. she ..... petitioner that he was married to respondent no.1 on 11.10.2000 and two children were born out of the wedlock. for about 13 years, the spouses lived happily when suddenly, on 08.04.2013, respondent no.1 left the matrimonial house along with the two children and all valuables in a car which was actually gifted by the petitioner .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Aug-01-2017
..... rfa crob.109/2013 reported in ilr2008kar1667 wherein for the purpose of drawing presumption under section 16 of the hindu adoption and maintenance act, 1956, it was observed that three conditions are required to be fulfilled, they are -1) the registered document evidencing adoption should be produced before the court,2) it should be shown that the said ..... one is a case which calls for the correct position of law being made precise. ordinarily, an objection to the admissibility of evidence should be taken when it is tendered and not subsequently. the objections as to admissibility of documents in evidence may be classified into two classes (i) an objection that ..... no.4174/2012 c/w. rfa crob.109/2013 is major in his age is permitted, has not been denied or disputed specifically in his cross-examination.27. before proceeding further, it is appropriate to make an observation regarding trustworthiness of the evidence of dw1. defendant no.1 in the court below was examined ..... or insufficient. in the first case, merely because a document has been marked as an exhibit an objection as to its admissibility is not excluded :27. : rfa no.4174/2012 c/w. rfa crob.109/2013 and is available to be raised even at a later stage or even in appeal ..... is the exclusive owner of the suit schedule a properties by holding that the order passed by the assistant commissioner, bagalkote in rts appeals no.27 and 28 of 2008-09 dated 01.02.2010 and also to the subsequent m.r.no.553/09-10 of shirur village and 267 .....Tag this Judgment!
Court : Delhi
Decided on : Mar-01-2017
..... being the wife of major prem singh had pre-existing rights of maintenance out of her husband?s property as recognized under the hindu woman?s right to property act, 1937, and hindu adoption and maintenance act, 1956. therefore it was urged that in view of section 14 of hindu succession act, 1956, the limited rights bequeathed of late smt.amrit kaur by her ..... prem singh respondent no.4 gets no title to the suit property. i have in an earlier case dealt with a similar claim under section 14 of the hindu succession act in the case of ranvir dewan vs. rashmi khanna, 2013 (204) dlt192where i held as follows:-" 39.the legal position that flows ..... per month was rejected.11. i have heard learned counsel for the parties. learned counsel for the petitioner has stressed that in terms of section 14 of the hindu sucession act, the respondent no.4 has become the owner of the suit property and the petitioner has rightly handed over possession to respondent no.4. ..... mesne profits. during pendency of the suit, the respondent no.1 filed the application under section 151 cpc seeking a direction that the petitioner be cm (m) 478/2012 page 2 of 7 directed to pay damages and user charges @ rs.60,000/- per month w.e.f. 1.3.2009 as mesne profits ..... .2012 passed by the trial court on the application filed by the plaintiff/respondent nos.1 and 2 under section 151 cpc for directions to the petitioner/defendant no.1 to deposit user charges at the rate of rs.60,000/- per month for the period 1.3.2009 to 31.3.2012 .....Tag this Judgment!
Court : Delhi
Decided on : May-29-2017
..... 6. clarified to the extent that the family courts and other courts dealing with cases under hindu marriage act, 1955; protection of women from domestic violence act, 2005; section 125 cr.p.c; hindu adoption and maintenance act, 1956; special marriage act, 1954; indian divorce act, 1869; guardians and wards act, 1890 and hindu minority and guardianship act, 1956 shall incorporate the following endorsement in bold letters on the notice/summons to be issued to ..... /clothing (ii) water (iii) electricity (iv) gas (v) telephone/mobile (vi) tv box internet services cable/set-top charges & (vii) maintenance, replacement and repair of household items, appliances and kitchenware. 7 (viii) telephone (ix) domestic full time/part time helper(s) (x) others (specify) 48. maintenance of (i) parents dependents (ii) children (as mentioned at serial no.39) (iii) others 49. transport (i ..... ) private transport (a) driver(s) (b) fuel (c) repair/maintenance (d) insurance (e) loan repayment (ii) public transport (a) bus (b) taxi (c) metro (d) auto 50. medical expenditure (i) doctor s charges (ii) medication (iii) hospital (iv) other medical expenditure (v) others (specify) 51. insurance (i) life (ii) annuity (iii) householders .....Tag this Judgment!
Court : Delhi
Decided on : Feb-06-2017
..... under the shastric law and in the light of the provisions of the hindu adoption and maintenance act, 1956, it would transform into an absolute right under section 14(1) of the hindu succession act. thus, it rfa6072016 page 13 of 15 was held that when a hindu husband bequeaths a life estate in a property unto his wife, she does not get a limited ownership with life interest, but ..... becomes the absolute owner thereof in terms of section 14(1) of the hindu succession act.19 ..... be urged by learned counsel for the appellant, the said life estate gets translated into an absolute estate, under section 14(1) of the hindu succession act, 1956 which contemplates that any property possessed by a female hindu, whether acquired before or after the commencement of the act, shall be held by her as full owner thereof and not as a limited owner. the aforesaid issue ..... by the respondent no.4/defendant no.4 was allowed and the appellant s suit was dismissed on the ground that it is barred under the provisions of section 14(1) of the hindu succession act.6. the gravamen of the arguments addressed by the counsel for the appellant is that under the will, the deceased had bestowed a life estate in favour .....Tag this Judgment!
Court : Delhi
Decided on : Feb-16-2017
..... be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 confer any right of maintenance, including residence, for the married woman as against the parents of her husband. law permits a married woman to claim maintenance against her in-laws only in a situation covered under section 19 of the hindu adoption and maintenance act, 1956. thus, the ..... contention raised on behalf of the appellant that the civil court has no jurisdiction in view of the provisions of rsa no.27/2017 page 6 of 7 the family court act, 1984 and the protection of women ..... from domestic violence act, 2005 is liable to be rejected ..... status of his son and daughter-in-law i.e. appellants herein could not be more than that of a licencee and that status also came to an end when they were served with a notice to vacate the suit property. the suit property being self- acquired, the respondent/plaintiff is under no legal obligation to maintain the .....Tag this Judgment!