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CASE LAW ON HINDU ADOPTIONS AND MAINTENANCE ACT

Hindu Adoptions and Maintenance Act, 1956, Ss.5, 6 & 11 - Adoption - Adoption of a son where adoptive father or mother by whom the adoption is made has a Hindu son, son's son, or son's son's son, whether by legitimate blood relationship or by adoption, living at the time of adoption - Where a son became a outcast or renounced Hindu religion, his father becomes entitled to adopt another. (Kashi Nath (Dead) through L.Rs. Vs Jaganath) 2004(1) Apex Court Judgments 474 (S.C.)


Hindu Adoptions and Maintenance Act, 1956, Ss.6 & 7 - Adoption of son by husband without consent of wife who was alive - Adoption is not valid. (Radhey Mohan Vs State of Rajasthan) 2003(1) Civil Court Cases 458 (Rajasthan)


Hindu Adoptions and Maintenance Act, 1956, Ss.6, 7 & 16 - Adoption - Consent of wife - No evidence that wife refused to give her consent for adoption by her husband - Plea that due to strained relations of husband and wife therefore consent of wife was not taken - Documentary evidence on record however not proving or establishing such plea - Adoption void ab initio and non est. (Siddaramappa Vs Smt.Gouravva) AIR 2004 Karnataka 230


Hindu Adoptions and Maintenance Act, 1956, S.12(c) - Adoption - Adopted child shall not divest any person of any estate, which vested in him or her before the adoption. (Namdev Vyankat Ghadge & Anr. Vs Chandrakant Ganpat Ghadge & Ors.) 2003(1) Apex Court Judgments 566 (S.C.)


Hindu Adoptions and Maintenance Act, 1956, S.16 - Adoption - Presumption as to valid adoption - Petitioner lawfully adopted by a Hindu lady and deed of adoption registered - Presumption as to valid adoption operates so long as the same is not challenged or such presumption is not rebutted by procedure known to law - Change of name based on deed of adoption notified in Govt. gazette and known to public at large - Held, adoption is valid and petitioner would be justified in getting appropriate correction in school record for change of his name. (Nayankumar Rajnikaben Trivedi Vs District Education Officer) AIR 2004 Gujarat 53


Hindu Adoptions and Maintenance Act, 1956, S.18, Civil Procedure Code, 1908, S.15 - Maintenance - Interim maintenance can be granted by Family Court u/s 151 C.P.C. to wife and children in a suit for maintenance filed under Hindu Adoptions and Maintenance Act against husband. (P.Srinivasa Rao Vs Smt.P.Indira) AIR 2002 A.P. 130


Hindu Adoptions and Maintenance Act, 1956, S.18, Civil Procedure Code, 1908, S.151 - Interim maintenance - Court can grant interim maintenance in a petition for maintenance filed u/s 18 of Hindu Adoptions and Maintenance Act, 1956. (Mohini Bharat alias Seema & Anr. Vs V.K.Bharat) 2004(2) Civil Court Cases 476 (P&H)


Hindu Adoptions and Maintenance Act, 1956, S.18, Hindu Marriage Act, 1955, S.13(1) - “Agreement to live separately” - Does not operate as decree of divorce dissolving marriage - Wife living separately under such agreement is entitled to claim maintenance from husband from date of institution of suit for maintenance. (Bouramma Vs Siddappa Jeevappa Patarad) 2003(2) Civil Court Cases 291 (Karnataka)


Hindu Adoptions and Maintenance Act, 1956, S.18 - Interim maintenance - Maintenance awarded u/s 125 Cr.P.C. - Interim maintenance granted taking judicial notice of award u/s 125 Cr.P.C. - Not liable to be interfered with. (V.Santhanam Vs S.Sathya) AIR 2003 Madras 94


Hindu Adoptions and Maintenance Act, 1956, S.18 - Maintenance - Grant to wife under Act of 1956 - Wife is estopped from claiming maintenance u/s 125 Cr.P.C. (Banisdhar Mohanty Vs Jyoshnarani Mohanty) AIR 2002 Orissa 182


Hindu Adoptions and Maintenance Act, 1956, S.18 - Maintenance - Jurisdiction - Wife apprehending danger to her life at the hands of husband and his family members left her matrimonial house at place 'G' - Cause of action arises at place 'G' - It is S.20 CPC and not S.19 Hindu Marriage Act which governs jurisdiction - Court at place 'G' has jurisdiction to try petition for maintenance. (Pankaj Suryakant Lohar Vs Mayuri Pankaj Lohar) 2003(2) Civil Court Cases 52 (Bombay)


Hindu Adoptions and Maintenance Act, 1956, S.18 - Maintenance - Quantum - Status of husband is determinative of quantum of maintenance to be given to wife. (Smt.Meenu Chopra Vs Deepak Chopra) AIR 2002 Delhi 131


Hindu Adoptions and Maintenance Act, 1956, S.18 - Maintenance - Second marriage - Previous marriage not dissolved - Second wife is not entitled for maintenance. (Jayalakshmi Vs Krishna Padayachi) 2003(1) Civil Court Cases 610 (Madras)


Hindu Adoptions and Maintenance Act, 1956, S.18 - Maintenance proceedings - No procedure is prescribed for filing a proceeding under the Act - Provisions of Code of Civil Procedure will have to be followed. (Pankaj Suryakant Lohar Vs Mayuri Pankaj Lohar) 2003(2) Civil Court Cases 52 (Bombay)


Hindu Adoptions and Maintenance Act, 1956, S.18 - Marriage during subsistence of previous marriage - Wife is not entitled to claim maintenance. (Jayalakshmi Vs Krishna Padayachi) AIR 2003 Madras 134


Hindu Adoptions and Maintenance Act, 1956, S.18 - Wife - Right of residence - Ceases with death of wife as such right is her personal right - Legal Representatives of said wife do not have vested interest in matter. (Sheela Rani Vs Jagdish Chander Sharma) AIR 2004 Delhi 158


Hindu Adoptions and Maintenance Act, 1956, S.18(2) - Maintenance - Jurisdiction - Held, proceedings for maintenance can be instituted at a place of residence of wife who is residing at different place than her husband. (Sunit W/o Ravi Sangavai Vs Ravi ) 2004(2) Civil Court Cases 664 (Bombay)


Hindu Adoptions and Maintenance Act, 1956, Ss.18, 5 - Interim maintenance - Marriage during subsistence of first marriage - Hit by S.5 - Not a Hindu wife within meaning of S.15 - Not entitled to maintenance - Also not entitled to interim maintenance during pendency of proceedings. (Suresh Khullar Vs Vijay Khullar) AIR 2002 Delhi 373


Hindu Adoptions and Maintenance Act, 1956, Ss.18, 20 - Maintenance - Jurisdiction - Wife and daughter, due to circumstances, leaving matrimonial house and residing with her father - Place where wife resides with her father has jurisdiction to try the petition. (Mrs.Sucheta Dilip Ghate Vs Dilip Shantaram Ghate) AIR 2003 Bombay 390


Hindu Adoptions and Maintenance Act, 1956, Ss.18, 20 & 23 - Interim maintenance - Can be granted. (V.Santhanam Vs S.Sathya) AIR 2003 Madras 94


Hindu Adoptions and Maintenance Act, 1956, Ss.18 & 20, Civil Procedure Code, 1908, O.33.R.1 - Interim maintenance during pendency of application seeking permission to sue in forma pauperis - Can be granted - The moment an application in forma pauperis is presented it is commencement of the suit. (Balbir Kumar Vs Anita Rani) 2004(2) Civil Court Cases 25 (P&H)


Hindu Adoptions and Maintenance Act, 1956, Ss.18 & 20, Family Courts Act, 1984, S.7 - Maintenance - Claim by wife and children - Court fee - Proceedings before Family Court is not a suit - All the petitions in the Family Courts are in the nature of petitions or application - Ad valorem Court fee is not payable. (Mamta Vs Hari Kishan) 2004(3) Civil Court Cases 267 (Rajasthan)


Hindu Adoptions and Maintenance Act, 1956, Ss.18 & 20 - Maintenance - Paternity of child disputed - Court has power to order a person to undergo DNA test - DNA test is scientifically accurate. (Bommi & Anr. Vs Munirathinam) 2004(3) Civil Court Cases 276 (Madras)


Hindu Adoptions and Maintenance Act, 1956, Ss.18 & 20 - Maintenance - Wife and children - Wife is entitled to live separately if husband makes unfounded allegations of unchastity against her - Father cannot escape liability to maintain children by simply making a statement that he was ready to maintain them without making attempts to get custody of children living with mother. (S.Yellamma Vs S.Anjaneyulu) 2003(3) Civil Court Cases 211 (A.P.)


Hindu Adoptions and Maintenance Act, 1956, Ss.18, 28 - Maintenance - Enforcement against transferee of property - Can be enforced only when transferee has notice of such right. (Kangal Vs Smt.Atwariya Devi) AIR 2002 All. 77


Hindu Adoptions and Maintenance Act, 1956, S.19 - Maintenance - Widowed daughter-in-law - She is entitled to claim maintenance against the self-acquired property of her father-in-law, whether it is in his hand or in the hand of his heir or donee - Maintenance includes provision for food and clothing and like and take into account the basic need of a roof over the head. (Balbir Kaur Vs Harinder Kaur) 2003(2) Civil Court Cases 80 (P&H)


Hindu Adoptions and Maintenance Act, 1956, S.20 - Marriage of daughter - Expenses - Marriage performed during pendency of appeal by wife - Nothing to show that husband performed marriage himself spending amount - By mere mentioning of the name of husband in the invitation cards, he cannot take advantage of the same and contend that he performed the marriage - Wife held is entitled to claim marriage expenses spent by her from husband. (S.Yellamma Vs S.Anjaneyulu) 2003(3) Civil Court Cases 211 (A.P.)


Hindu Adoptions and Maintenance Act, 1956, S.20(3) - Daughter - Can claim maintenance from her father even after attaining majority if she is unmarried and so long she is not in a position to maintain herself out of her own earing and property - The burden is on father to point out that she is in a position to maintain herself. (Mansi Vs Aniruddha Ramchandra Pusalkar) 2003(2) Civil Court Cases 145 (Bombay)


Hindu Adoptions and Maintenance Act, 1956, S.23, Evidence Act, 1872, S.112 - Son - Grant of interim maintenance and subjecting father to DNA test - Plaintiff claimed to be son born as a result of marriage of his mother with defendant - Defendant however filed documents showing marriage of plaintiff's mother with some other person - Not disputed by plaintiff - Raising doubt on conduct and credibility of plaintiff's mother - Similarly transcript of tap recorded conversation purporting to be between plaintiff's mother and colleague of defendant discussing relationship of parties and about custody of plaintiff - Cannot establish plaintiff's case without veracity of conversation being established - No prima facie case made out either for interim direction for DNA test or for grant of interim maintenance. (Master 'X' Vs 'Y'). AIR 2003 Delhi 195





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