Showing : 21-30 of 166 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv)-- Customary adoption - Age and marital status of an adoptee under customary law is protected by S.10(iii), (iv) of the Act subject to applicability of custom and usage - Thus, under Customary law of Punjab as admitted by parties, custom was fully legal and valid...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv)-- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv)-- Customary adoption - Adoption made as per customary law of Punjab, as admitted by parties - Custom was fully legal and valid - Even otherwise, as per registered adoption deed, adoption was also in accordance with the Act, as adoption made when adoptee was only 9 or 10 years of age - Adoption deed..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv)-- Adoption - Validity - Plaintiff was more than 15 years when adoption took place as per his school admission register - School admission register is admissible in evidence, as entry in said register has a presumptive value with regard to age and entry - Description of age in heading of deposition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv)-- Adoption of child beyond the age of 15 years - Cannot be permitted - However, if there is custom or usage applicable to parties which permits person to be given in adoption even beyond the age 15 years, the same is valid...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv)-- Adoption of child beyond the age of 15 years - Permissibility - Child above age of 15 years was adopted by Jat family, as there is custom amongst Jat permitting adoption of son beyond the age of 15 years - Adoption deed is in writing and is duly registered - Even photographs of person adopting and..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 11(vi), Evidence Act, 1872, Section 114-- Adoption - Presumption - Factum of adoption and its validity to be duly proved - Formal ceremony of giving and taking is an essential ingredient for a valid adoption - But long duration of time during which a person is treated as adopted cannot be ignored and by itself may in circumstances carry a..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 12-- Adoption - Effect of adoption - Vested interest - Property vested in adopted child before adoption continues to be vested in him subject to obligations attached to it as per S.12 Proviso (b) of the Act - However, co-parcenary properties of father of adopted child before adoption, which is not..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 25-- Permanent alimony - Cannot be granted to wife, if divorce petition filed by husband itself is dismissed - However, nothing prevents wife from preferring a fresh application u/s 18(1) of Hindu Adoption and Maintenance Act...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 6, 9, 10(iv)-- Adoption - Proof of - Admittedly, son was born in the year 1940 - However, 1st defendant in his written statement said that adoption took place in 1960 - Therefore, he was nearly 20 years old i.e beyond 15 years on the date of adoption - Even, there is nothing on record to show that custom or..........

Showing : 21-30 of 166 Results