Can anyone provide case law on Hindu Adoptions And Maintenance Act, 1956?
Guest (n/a) 26 May 2009
Can anyone provide case law on Hindu Adoptions And Maintenance Act, 1956?
Y V Vishweshwar Rao (Advocate ) 27 May 2009
You have to clearly mention the point on which you require a Judgment
REGARDING HINDU ADOPTIONS AND MAINTAINENCE ACT 1956
KINDLY NOTE THAT
1.THIS ACT IS REGARDING MAINTAINENCE OF WIFE AND CHILDREN.
2.KINDLY NOTE THAT I HAVE WON CASES ON BEHALF OF WIFE WHO IS RESIDENT OF MAHARASHTRA AND HUSBAND IS FROM MADHYA PRADESH
3.KINDLY NOTE THAT ON THIS PARTICULAR ACT CITATIONS ARE NOT EASILY AVAILABLE
4.I HAVE SOME CITATIONS REGARDING THE MAINTAINENCE OF WIFE AND CHILDREN UNDER THE SAID ACT. THE SAID JUDGEMENT IS OF ABOUT 20 PAGES. AND REGARDING JURISDICTION OF EXECUTING COURT SOME CITATIONS ARE THERE.HUSBAND WAS ORDERED TO DEPOSIT RS.50 000/-IN HIGH COURT AND WIFE WAS ALLOWED TO WIDRAW 25000/- FURTHER HEARINGS ARE PENDING AT HIGH COURT FOR TOTAL AMOUNT OF MAINTAINENCE OF RS.287,000/-APPROX.
5 IN CASE YOU NEED THESE CITATIONS KINDLY SEND THE EXACT DETAILS OF CASE AND WHICH CITATION IS REQUIRED I WILL SEND IT BY POST.KINDLY SEND NAME AND ADDRESS.
6 IN CASE YOU NEED ANY FURTHER DETAILS KINDLY SEND DETAILS.
Prakash Yedhula (Lawyer) 27 May 2009
Where the custom is such as permitting the second marriage during the lifetime of the spouse cannot be given the force of law keeping in mind the statutory provision against bigamy Raghuvira Kumar v Shankmukha Vadivu 1970 (2) MLJ 193
As per the custom prevailing in Himachal Pradesh, daughter is conferred a right where for she can make a representation in non-ancestral property including the property of a collateral- Ram Rakha v. Ram Rakshi 1983 HP 18
A custom is a particular rule which has existed either actually or presumptively from time immemorial, and has obtained the force of law in particular locality, although contrary to or not consistent with the general common law of the realm. A custom to be held valid must have four essential attributes. First it must be immemorial; secondly, it must be reasonable; thirdly, it must have continued without interruption since its immemorial origin; and fourthly it must be certain in respect of its nature generally as well as in respect of the locality where it is alleged to obtain and the person whom it is alleged to affect.- Halsbury's law of England 4th ed. vol. 12 para 401.
4 Overriding effect of Act
Where the adoption takes place following the custom, then the custom must be such as not in contradiction of statutory provisions laid down as regards adoption. That adoption which is against the provision of the Act is invalid.- Kartar Singh v. Surjan Singh 1975 (1) SCR 742
5 Adoptions to be regulated by this chapter
Adoption that takes place after the death of the husband contrary to the will of deceased husband and after the Act came into force it was held that, legality of the adoption is to be considered in accordance with the provision of Act, and the adoption cannot be held invalid just for the fact that it was against the directions as mentioned in the will of deceased husband.- Kavuluru V. Kuntamukkala 1971 (1) An. WR 134
6 Requisites of a valid adoption
Where any of the requirements as laid down under s.6 are not strictly observed, that non-observance of the requisite or requisites is enough to convert the adoption as invalid one.-Dhanraj v. Suraj Bai 1972 Raj LW 612
Doctrine of factum valet does not have its application in case the adoption is against what is said by the provisions of the Hindu Adoption and Maintenance Act, 1956-Lalla Ram v. Gohri Ram 1972 All WR (HC) 612
7 Capacity of a male Hindu to take in adoption
The person taking in adoption must not suffer from idiocy or insanity; he must have the capacity enough to understand the nature of the Act and what would be the legal effects of adoption . Simultaneously it is not the requirement the person concerned must be possessed with a very high degree of intelligence. There is a very strong presumption favouring soundness of mind.-Babubarelal v. Gulzari Devi 1979 All LJ 1333
Deaf and dumb but possessed with the capacity to express through signs and gestures, though not clearly, is to be taken as a person of sound mind.-Ambrish Kumar v. Hatu Prasad 1981 HLR 781
Proviso places a restriction as concerned to right to take in adoption that makes the consent of the wife a necessity so as to make the adoption valid. The consent must be obtained prior to the civil adoption takes place and not later on where the proviso is disregarded adoption is not valid.-Badrilal v. Bheru 1986 (1) HLR 81.
In the case of divorce the consent is not necessary but in the case of judicial separation, consent would be necessary. In case of two wives, consent must be of both the wives despite the fact that one of them was not living under the same roof for a big job of twenty or thirty years.-Bhooloo Ram v. Ram Lal 1989 (2) HLR 162
8 Capacity of a female Hindu to take in adoption
After the completion of the age of eighteen, a woman gets the capacity to adopt even though. she herself is unmarried. Where after the adoption, she is married, her husband would be step-father and she herself would remain adoptive mother as earlier. Adoption by an unmarried can also take place despite the fact that she is having an illegitimate child. - Ashoka Naidu v. Raymond AIR 1976
A married woman has got no right to take in adoption during the subsistence of the marriage. But where the husband has completely and finally renounced the world or he had ceased to be Hindu or some competent court has declared him to be of unsound mind, the wife can adopt.- Dashrath V. Pandu 1977 Mah LJ 358
9 Persons capable of giving in adoption
Where the adoption takes place and step-son is given in adoption by step-mother having no capacity to give in adoption such an adoption is not valid one by virtue of s.5(1) read with s.6(ii)-Dhanraj v. Suraj Bai 1975 (Supp) SCR 73
It is the District Court where in the application for giving and taking in adoption has to be moved and not in the Family Court. How and in what manner the permission is to be made there is no such mention under the Act and the provisions that have to be followed are there as laid down under Guardians and Wards Act.-Central Bank Relief & Welfare Society, In re AIR 1991 Kar 6
10 Persons who may be adopted
There is a bar imposed by this s. 10 and that being a married person cannot be adopted. But the case is different where there is some custom among Jats of Punjab and Haryana in having a legal sanction and judicially recognised where under the custom permits the adoption of married person-Amar Singh V.Tej Ram 1982 (84 )Punj LR 2387
The person above the age of 15 years cannot be given in adoption and if there is some custom permitting that the same must be strictly pleaded and proved-Mahalingam v. Kannayyar AIR 1990 Mad. 333. 1989 (2) MLJ 3441
Existence of custom be it family or tribal custom having its applicability to the parties concerned whereby the adoption of a person married or of the age of more than 15 years is permitted, is all that is required to be established by the provision of section 10 so as to make adoption valid.-Maya Ram v. Jai Narian 1989 (1) HLR 352
11 Other conditions for a valid adoption
Requirement of an age gap of 21 years between the adoptee and the adopted, if violated is sufficient to render the adoption invalid.- Golak Chandra v . Kritibas AIR 1979 Ori. 205
Where the case is, one child is given to the family of other so that the child is brought up, this giving of the child does not constitute adoption. There must be an intention to give and to take the child in adoption.-Kewal Singh v. Bakshish Singh 1975 (77) Punj LR 321
Absence of parents at the time of adoption ceremony and not proving the giving and taking the child in adoption, adoption was held invalid. v.Bakshish Singh -Kewal Singh 1979 HLR 431
The assumption that all the ties of child with the family of his or her birth shall be severed operates only from the day the adoption takes place and from the day the ties are replaced by those created by the adoption in the adoptive family.-Kanwaljit Singh v. State of Haryana 1981 Pun LJ 64.
Adopted girl is conferred an entitlement to succeed the property within the meaning of s.8 of Hindu Succession Act despite the fact that the property was owned by the deceased by reason of his adoption.- Neelawwa v. Shivawwa 1988 (2) HLR 799.
Under the provisions of s.14 of the Hindu Succession Act, widow becomes an absolute owner, and it is not possible that the child adopted by her is divesting her of the right which has already been vested in her.- Dinaji v.Dadde AIR 1990 SC 1153.
Where the property is in absolute terms vested in a person as the last surviving coparcener a child subsequently adopted cannot divest him of it .-Krishnabai v. Ananda Sevaram AIR 1981 Bom 240
13 Right of adoptive parents to dispose of their properties
Where the child is taken in adoption by the sole surviving widow, oral relinquishment by her in favour of adopted child is valid and effective.-Hirabai v. Babu Manika AIR 1980 Bom. 315
16. Presumption as to registered documents relating to adoption
In case a challenge is thrown to the deed of adoption on the ground of its execution being by fraud, coercion or undue influence, it is for the party challenging the document that has to establish that the execution was so vitiated.-Sushil Chandra v. Bhoop Kunwar AIR 1977 All 441.
Presumption as to registered documents relation to adoption is only a rebuttable presumption.-Bhoolo Ram v. Ramlal 1989 (2) HLR 162
Where the validity of the adoption was asked for on the ground of not obtaining the consent if the husband on account of his unsound mind but this fact found no place in the plaint as required by order 6, rule 6, CPCand there was only the presentation of registered document it was held that presumption as under s. 16 of Hindu Adoption and Maintenance Act would prevail over the provision of order 6, rule 6 of C.P.C. It is for the other party if it wants to, to rebut the presumption.-1979 MP LJ 591.
The words "wife or widow" in the context of marriage, succession or maintenance enactments are of restrictive legal character and imply relationship which is not recognised by land-Rajesh Bai v. Santha Bai 1982 HLR 445.
A man marrying a second time, during the lifetime of his wife, second wife though, having no knowledge of the first marriage, is not entitled to claim maintenance under s, 125 of the Code of Criminal Procedure, as she was not legally wedded wife and for that the marriage was void.-Jamuna Bai v.Anant Rao 1988 Cr LJ 793.
There is no forum provided under the Act so as to claim maintenance. Maintenance can only be claimed through regular suit.-Krishan Lal v. Sudershan Kumari 1979 HLR 576.
19 Maintenance of Widowed daughter-in-law
Liability of the father-in-law comes to an end where the widow is remarried or she has obtained a share in the coparcenery properties while partition. But her right to share in the separate property of her husband or in his interest in coparcenery property cannot be divested.-Animuthu v. Gandhimmal 1977 HLR 628.
20 Maintenance of children and aged parents
There is no liability casted upon step-son as to maintain his step mother under this section, though the step-son is liable to maintain her as a dependent- Pannalal v. Fulmani AIR 1987 Cal 768
Unmarried daughter, aged or infirm parents can enforce their rights only in these cases where they are unable to maintain themselves from their own earnings or from the property owned by them where almost all the property is given in gift by the mother to her only daughter and the rest of property is sold by her to her brother, she gets entitled to be maintained by her daughter.-Munnidevi.v. Chhoti AIR 1983 All 444.
A person having concubine and he himself dying after the Act coming into force, would confer a right to maintenance upon the concubine.-Laxminarasamma v. Sundaraamma AIR 1981 AP 88.
Where no property is inherited by the brothers from their father, they cannot be compelled to contribute for the marriage of their sister.-Challaiyan v. Salia Krishan AIR 1982 Mad 148.
Where there is no maintenance from the estate of the husband or from her son or daughter such Hindu widow, is to be taken as dependant of the father-in-law under this section as s,19 would not be having its application to such a case .-Bitala Kunwari v. Girand Singh AIR 1983 All 425.
Quantum of maintenance depends upon a gathering together or all the facts of the situation, the amount of free estate, the past life of the married parties and the families a survey of the conditions and necessities and rights of the members, on a reasonable view of the change of circumstances possibly required in the future, regard being of course to the scale and mode of living to the age, habits, wants and class of life of the parties.-Rashmi Mehra v.Sunil Mehra AIR 1991 Del.44
25 Amount of Maintenance may be altered on change of circumstances:
When the power is conferred to alter the prior decree or agreement it definitely includes a power to annul the same if the circumstances requires so.- Dattu Bhat v. Tarabai AIR 1985 Bom.106
V.S.R.Deekshitulu (B.Sc, B.L) 27 May 2009
If you want the important decisions you give me youor mail.ID. I willsend you important decisions
KINDLY NOTE CITATIONS ON HINDU ADOPTIONS AND MAINT.ACT.
S.APPI.AREDDY AND ANR.
FEBRUARY 11, 2005
R.C. LAHOTI, C.J.,G.P.MATHUR AND P.K.BALASUBRAMANYAN.JJ.
2.2008 AT CITATION R. 2675/2008 (4)
SCR 1077 2008 (4)
SCC 649 2008 (4) SCALE 601
2008 (3) 530
APPEAL (CIVIL/2003) OF 2008
VIMLABEN AJIT BHAI PATEL
VASTALABEN ASHOKBHAI PATEL AND OTHERS
DATE OF JUDGEMENT 10/03/2008
BENCH S.B.SINHA V/S V.S.SIRPURKAR
CIVIL APPEAL NO. 2003 OF 2008
(ARISING OUT OF SLP (CIVIL)NO.1061 OF 2007)
WITH CRIMINAL APPEAL NO.502 OF 2008 ARISING OUT OF SLP CRI NO.213 OF 2007
KINDLY NOTE THAT THESE TWO JUDGEMENTS ARE ATLEAST 20 PAGES EACH
HENCE IN CASE YOU NEED COPY OF SAID JUDGEMENTS KINDLY CONTACT ON MY ABOVE NUMBERS.
NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE
Pankaj Kishore Gupta (self employed) 23 November 2009
I require latest case law on Section 18 of HAMA, specificially for the cases, where the Husband ia already married and has not disclosed this fact at the time of second marriage.
Ajay (Science Teacher) 09 December 2009
Hello Sir, Can you email me any judgement where court accepted adoptions over 15 (Relatives adoption)? How can one prove a custom or tradition in the court?
nippani satya narayana murthy (Advocate) 07 January 2011
I am an Advocate of Hyderabad practicing in Civil/Criminal & High Court of A P as it required by clients or go along with my colleages at times I wanted to have an full version of Hidu Adpotions Aand Maintenance Act, 1956 can I be helped with full version may be posted to my e mail i d email@example.com as I use it regularly my contact no : 0091 040 9989654920
thanking you, sincerely
7th January, 2011 Nippani Satya Narayana Murthy
H. No. 7 - 31, Sai Nippani Enclave, Opp:
Siva Temple, Behind Police Station, Malkajgiri
Hyderabad 500 047 A member of C P M Party
City Committee of Hyderabad & Committee
Hyd & Ranga Reddy Dist ancellary unit of CPM
nippani satya narayana murthy (Advocate) 08 January 2011
thanks to those whoever responded to my e mail I will be very thankful and will be in touch with all in case of need of any legal matter who ever wanted at times of need
thanking you, sincerely, Nippani Satya Narayana Murthy.Advocate, High Court of Andhra
8th January, 2011 Pradesh. practicing in Civill & Criminal Major,Matrimonial, Cheque Bounce,
I am ex banker and City Committee C P M party Hyderabad, State Committee member of All India Lawyers union an ancelary unit to CPM Party having
members throughout India. my contact no: 0091 040 9989654920 my regular e mail i d is firstname.lastname@example.org & email@example.com any one may contact in case of need with regard to any legal matter at Hyderabad/Secunderabad. My address is H.No. 7 - 31, Sai Nippani Enclave, Opp:Siva Temple Behind Police Station Malkajgiri. Hyderabad - Pi n code . 500 047 always available to help others especially Advocate fertility and Clients in case to proved any legal assistence at Hyd & Secunderabad.
soumendu (advocate) 19 July 2011
citation needs at the age of 15 adoption performed between the parties now at 22years it is required to legalise through the court
Akhil Sharma (a) 30 March 2012
Respected sir i am persuing phd in adoption .please anyone knows about recently case laws on adoption please send me on firstname.lastname@example.org