1. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) - Application filed by the petitioners seeking permission to amend the plaint claiming more amount of maintenance considering increase in the cost of living, was dismissed - Submission that he may be permitted to withdraw the application for amendment of the plaint - Allowed - Prayer of the petitioners seeking permission to withdraw the application for amendment of the plaint seeking maintenance can very well be allowed, as it is always for the court to determine and award compensation to a claimant on the basis of material placed on record in the light of parameters settled for determination thereof. (180) P.L.R.  
  2. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S.  5 - Any adoption which is void in terms of Section 5 of the Act of 1956 can be challenged at any time - There is no limitation prescribed for the same. (181) P.L.R.  
  3. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S.  9(4) - Juvenile Justice (Care and Protection of Children) Act, 2000 Section 41(6)(b) - Section of the Juvenile Justice Act provides that the Court may allow a child to be given in adoption to the parents to adopt a child of same sex irrespective of the number of living biological sons or daughters - So, as per the aforesaid provision, there is no bar to adopt the child under the provisions of Juvenile Justice Act even if a person seeking adoption already have child of the same sex - The provisions of the Juvenile Justice Act are secular in character and that the benefit of adoption is not restricted to any religion or social group - Even if there were to be a conflict between the provisions of Hindu Adoption and Maintenance Act and the Juvenile Justice Act, the provisions of Juvenile Justice Act shall prevail as it is the later Act - It is settled principle of law that when there are two special Acts dealing with the same subject matter, the legislation which has been enacted subsequently would prevail. (183) P.L.R.
  4. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 15 - Once the adoption is registered, the same cannot be cancelled in any circumstances - Respondents are directed to entertain the passport application and issue passport to minor - If otherwise found eligible in accordance with law - Passports Act, 1967 (15 of 1967). (182) P.L.R.
  5. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 16 - There could have been no valid adoption of a person beyond 15 years of age and if there is such an adoption, it is invalid in law unless customs provides otherwise - There was no attempt anywhere at the time of evidence that there was any custom.   (180) P.L.R.  
  6. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 16 - Whether failure by the natural father to append his endorsement, on the adoption deed, at the time of registration, does not raise inference of validity, under Section 16 of the Act - Act however, does not require an adoption deed to be compulsorily registered or postulates that if an adoption deed is not registered the adoption is invalid. (177) P.L.R.  
  7. Hindu Adoptions and maintenance Act, 1956 (78 of 1956) S. 19, Proviso - Widowed daughter-in-law can claim maintenance from her father-in-law subject to certain conditions such as she is unable to maintain herself out of her own earnings or other property, or where she has no property of her own, is unable to obtain maintenance from estate of her husband, parents or children. (175) P.L.R.  
  8. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 19 - Has sought for maintenance only invoking the provisions under Section 19 of the Hindu Adoptions and Maintenance Act 1956 - Two aspects will have to be specifically pleaded by the respondent while making a claim under Section 19 of the said Act - Firstly, she will have to plead that she was unable to maintain herself out of her own earnings or other property - Secondly, even if she has no property of her own she has to specifically plead that she was unable to obtain maintenance from her father or mother or from her son or daughter, if any, or his or her estate - Order awarding maintenance - Set aside.  (183) P.L.R.
  9. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 19(1) - Application for maintenance by deceased son widow and his son - Prima facie liable to maintenance - To safeguard the rights in future created charge upon the property of the defendant with further directions that in case respondent-defendant wants to sell the property, he will seek prior permission from the Court and will make reference in the sale deed that the vendee shall be liable to discharge the liability and it will be mentioned that there is charge over the suit property - Order set aside in appeal - Order of appellate court set aside - Civil Procedure Code, 1908 (V of 1908) Order 39, Rules 1, 2. (177) P.L.R.  
  10. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 19(1) - Application for maintenance by deceased son widow and his son - Prima facie liable to maintenance - To safeguard the rights in future created charge upon the property of the defendant with further directions that in case respondent-defendant wants to sell the property, he will seek prior permission from the Court and will make reference in the sale deed that the vendee shall be liable to discharge the liability and it will be mentioned that there is charge over the suit property - Order set aside in appeal - Order of appellate court set aside - Civil Procedure Code, 1908 (V of 1908) Order 39, Rules 1, 2. Jaswinder Kaur v. Karamjit Singh . (177) P.L.R.  
  11. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 20 - Court Fees Act, 1870 (7 of 1870) - Civil Procedure Code, 1908 (V of 1908) Order 7, Rule 11 - So far as the question of ad valorem court-fee is concerned, it may be remembered that the present is not a civil suit under section 9 of the CPC - It is a petition under the substantive provisions of a special Act triable by a special Forum, and for those petitions and would appear not to be per se governed by the provisions of Section 7 of the Court-fees Act, 1870 - This is for the reason that the Family Courts Act, 1984 (`FCA') is applicable to the State of Haryana where Family Courts have been established under Section 3 - An application under Order 7 Rule 11 of the Civil PC on such a question as raised in this petition cannot be entertained at all by the Family Court in view of broad bar of Rule 25 of the High Courts Rules - Punjab and Haryana High Courts Rules, 2005, Rule 25 - Family Court Act, 1984 (66 of 1984). (177) P.L.R.  
  12. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 23 - Maintenance - Facts which are relevant at the time of the institution of the petition are to be taken into account and not what happens in future in case of her removal from service - She can have recourse to the remedies available to her under the law - So there is no ground to interfere in the findings recorded by the learned lower Court as far as the declining of relief of maintenance to appellant wife is concerned.  (174) P.L.R.  
  13. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 23 - Wife - Maintenance - Wife did not disclose the material facts - Rather intentionally concealed the material facts that is with regard to her service and other sources of her income - From the documentary evidence brought on record by the respondent husband, it stands amply proved that she is working as a teacher though on a contract basis and is getting salary to the tune of Rs.10,000/- per month - Besides, it there is no rebuttal to the rental income and the income from tuition etc. - Appellant No.1-wife is only entitled to maintenance if she is unable to maintain herself or has no means for her maintenance - In the case in hand, she has not only concealed the material facts from Court but even denied her income by way of salary as well as from the other sources - The income so earned by appellant No.1-wife is sufficient to maintain herself.  (174) P.L.R.  
  14. Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) S. 23 -Son - Maintenance - Being the father is legally as well as morally duty bound to maintain him - He is legally bound to provide him food, clothing, residence, education, medical attendance and treatment and other reasonable wants - Keeping in view the fact that he is still pursuing his studies and is incurring sufficient amount on account of transportation charges, tuition fee, food, clothing and other daily needs of life, a sum of Rs.4000/- per month is not suffice especially when the prices of each and every commodity is touching the sky - Entitled to Maintenance at the rate of Rs.6000/- per month from the date of judgment rendered by the learned District Judge, Family Court.  (174) P.L.R.