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Showing posts with label Hindu adoption and maintenance Act. Show all posts
Showing posts with label Hindu adoption and maintenance Act. Show all posts
Sunday, 14 September 2025

District Judge interview Prep: Judicial Oversight in Adoption of Child : What Every District Judge Should Know about HAMA and JJ Act?

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  Question 1 Explain the current status of the Bombay High Court’s stay order on transferring adoption cases from courts to District Magis...

What is distinction between procedure for adoption of child under Hindu maintenance and adoption Act and Juvenile justice Act?

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Introduction The intersection of adoption laws in India presents a complex legal landscape where two distinct statutory frameworks operate...
Saturday, 23 August 2025

Supreme Court: The court may award maintenance to wife up to 25% of husband's income and to child 15% of husband's income

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 A sum of Rs. 250/- per month for the maintenance of the wife of a person occupying the position of the appellant cannot be said to err on t...
Tuesday, 3 June 2025

Checklist for Judges of necessary pre- requisite for passing order of adoption of child as per provisions of Hindu adoption and maintenance Act

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Based on the provisions of the Hindu Adoption and Maintenance Act, 1956, here is a comprehensive checklist of prerequisites for passing an o...
Monday, 25 November 2024

Navigating the Adoption Process in India: Legal Framework and Procedures

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 Adoption in India is governed by a complex legal framework primarily consisting of the Hindu Adoption and Maintenance Act, 1956 (HAMA) and ...
Monday, 18 December 2023

Supreme Court: Child Adopted By Widow After Death Of Govt. Employee Not Entitled To Family Pension

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 It may also be appropriate to refer to the decision of this Court in Poonamal v. Union of India, MANU/SC/0359/1985 : (1985) 3 SCC 345, wher...
Friday, 15 December 2023

What are essentials of valid adoption of child as per provisions of Hindu adoption and maintenance Act?

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  S 6 of Hindu Adoption and maintenance Act:- Requisites of a valid adoption.— No adoption shall be valid unless— ( i ) the person adopting ...
Saturday, 2 December 2023

Important provisions of Hindu Adoptions and Maintenance Act, 1956 regarding adoption of child

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  3. Definitions .—In this Act unless the context otherwise requires— ( c ) “minor” means a person who has not completed his or her age of e...
Thursday, 28 September 2023

Hindu Adoption and maintenance Act 1956 (maintenance provisions only)

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  Chapter III MAINTENANCE 18. Maintenance of wife .—(1) Subject to the provisions of this section, a Hindu wife, whether married before or a...
Sunday, 24 September 2023

Whether Divorced Daughter is 'Dependent' U/S 21 Hindu Adoptions & Maintenance Act and Entitled To Maintenance From Late Father's Estate?

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It is the admitted case of the parties that the appellant is the daughter of the respondent No. 2 and sister of the respondent No. 1. She as...
Tuesday, 23 May 2023

Whether order passed in an inquiry under O 22 R 5 of CPC is a decree?

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  In the present case, an application under Order XXII of the C.P.C. has been dismissed on the ground that the adoption deed was not execute...

Whether the court has jurisdiction to question registered adoption deed in collateral proceeding?

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 Coming to the merits of the case,  I find that the lower appellate court had rejected the application on the ground that the adoption deed ...
Saturday, 9 April 2022

Whether Unmarried daughter can claim expenses of marriage from their parents under the Hindu Adoptions & Maintenance Act?

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   The maintenance is defined under Section 3(b)(ii) of the Act of 1956, as  under:- 3. Definitions – In this Act, unless the context otherw...

Whether Child Adopted By A Widow is Entitled To Inherit Her Deceased Husband's Property?

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 There is decision of this Court on the subject and the said issue is covered by the decision in case of Banabai and others Vs. Wasudeo, rep...
Sunday, 7 March 2021

Whether the court can presume that wife had consented to adopt the child if she was present in the adoption ceremony?

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   Learned single judge upon noticing that the provisions of the proviso to section 7 of the 1956 Act are, in part, pari materia to clause (...
Friday, 12 June 2020

Whether father can claim custody of illegitimate child?

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At the very outset, it must be noted that the Petitioner himself has come before the court with a case that the minor child was born n...
Sunday, 8 March 2020

Supreme Court: No valid adoption of child without consent of wife and actual ceremony of adoption

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The Appellant relied upon a judgment of this Court in L. Debi Prasad (Dead) by Lrs. (supra) to submit that abundant evidence submitted...