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Hindu Adoption and Maintenance Act, 1956

42 judgments · newest first · showing 1–42

HARINATH ALIAS HARIversusSAMPATIYA DEVI

The petitioner filed a writ under Article 227 challenging an order dated 6 April 2024 of the Principal Judge, Family Court, Ghazipur, in a maintenance proceeding under Section 18 of the Hindu Adoption & Maintenance Act, 1956. The petitioner sought to restrain the respondent from transferring …

AKSHAY PITAMBER SARVAKARversusCENTRAL ADOPTION RESOURCE AUTHORITY

RULE ISSUED AND PARTLY ALLOWED

The petitioners, who adopted twin girls born in February 2022 after the biological mother’s death, executed and registered an adoption deed under the Hindu Adoption and Maintenance Act, 1956 in September 2022. Residing in Victoria, Australia, they sought a No‑Objection Certificate, a …

PINKIversusSTATE OF UTTAR PRADESH AND ANR.

2025 INSC 482Appeal(s) allowed

The Supreme Court examined appeals filed by the victims of an interstate child‑trafficking racket challenging the High Court's grant of bail to thirteen accused persons charged under IPC sections 363, 311 and 370(5). The Court found that the High Court had ignored crucial factors such as the …

YAGWATI @ POONAMversusGHANSHYAM

2024 INSC 1100

The appellant, a wife, sought maintenance under Section 18 of the Hindu Adoption and Maintenance Act after separating from her husband, who later obtained an ex‑parte divorce decree and remarried. The Family Court granted modest maintenance, which the High Court later enhanced, but the appellant …

SH. RAKESH RAMANversusSMT. KAVITA

2023 INSC 433Appeal(s) allowed

Sh. Rakesh Raman filed a petition for divorce under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, alleging cruelty and desertion by his wife, Smt. Kavita. The parties had been living apart for about 25 years, with no children, and had been involved in multiple criminal litigations against …

M. V CHANDRAKANTHversusSANGAPPPA & ORS

2022 INSC 769Dismissed

M. V. Chandrakanth (appellant) challenged a Division Bench of the Karnataka High Court that had set aside a Single Judge's order dismissing a writ petition filed by Respondent No.1, who claimed Other Backward Class (OBC) reservation as a member of the Ganiga caste. The central issue was whether a …

MRS. AKELLA LALITHAversusSRI KONDA HANUMANTHA RAO & ANR.

2022 INSC 759Case Partly allowed

The mother, Akella Lalitha, gave birth to a child with her first husband Konda Balaji, who died shortly after. She later remarried Akella Ravi Narasimha Sarma, and the child's grandparents sought guardianship and visitation, later prompting the High Court to order a restoration of the child's …

SATISH CHANDER AHUJAversusSNEHA AHUJA

2020 INSC 599Dismissed

Satish Chander Ahuja, the father‑in‑law, owned a house in New Delhi and sued his daughter‑in‑law Sneha Ahuja for mandatory and permanent injunction to remove her from the first floor. Sneha had earlier filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, …

INDRA SARMAversusV.K.V. SARMA

2013 INSC 786Dismissed

The appellant, an unmarried woman, lived with the respondent, a married man, for about 14 years and claimed that his failure to maintain her constituted domestic violence under the Protection of Women from Domestic Violence Act, 2005. The respondent argued that their relationship was a mere live‑in …

HARNEK SINGHversusPRITAM SINGH & ORS.

2013 INSC 260Dismissed

Harnek Singh filed a suit claiming he was the adopted son of the deceased Sarup Singh and that a gift deed executed by Sarup Singh in favour of Pritam Singh and Surjan Singh was void. The plaintiff was about 23 years old and married with children at the time of the alleged adoption in 1982. Under …

NAGENDRAPPA NATIKARversusNEELAMMA

2013 INSC 168Dismissed

The husband and wife married in 1987, after which the wife sought maintenance under Section 125 of the Criminal Procedure Code. The parties later entered into a compromise under Order 23 Rule 3 of the Civil Procedure Code, agreeing that the wife would receive a lump sum of Rs 8,000 as permanent …

GHISALALversusDHAPUBAI (DEAD) BY LRS. AND ORS.

2011 INSC 37Disposed off

Ghisalal claimed to be the adopted son of Gopalji and sought a one‑half share in Gopalji's ancestral property, asserting that the adoption was valid because Gopalji's wife, Dhapubai, had consented. The trial court, appellate court and High Court presumed Dhapubai's consent from her mere presence at …

ATLURI BRAHMANANDAM (D) THROUGH LRS.versusANNE SAI BAPUJI

2010 INSC 787Dismissed

The respondent claimed to be the adopted son of Late Anne Seetharamaiah, seeking possession of land purchased at auction by the adoptive father. The appellant contested the adoption, arguing that the respondent was over 15 years old at the time of adoption, which under Section 10(iv) of the Hindu …

SUVARNALATAversusMOHAN ANANDRAO DESHMUKH & ANR.

2010 INSC 194Hearing Adjourned

The husband filed a petition for divorce on the ground that his wife suffered from schizophrenia. The Family Court granted the decree of divorce, which was affirmed by the High Court. The wife appealed only to challenge the findings on her alleged mental disorder and to claim a lump‑sum permanent …

STATE OF CHHATISGARH & ORS.versusDHIRJO KUMAR SENGAR

2009 INSC 672Appeal(s) allowed

The deceased headmaster of a government school died intestate, leaving his brother and nephew as natural heirs. The nephew, Dhirjo Kumar Sengar, applied for a compassionate appointment claiming to be the deceased's adopted son, supported by an unregistered deed of adoption and a succession …

RAJESH BURMANNversusMITUL CHATTERJEE (BURMAN)

2008 INSC 1240Dismissed

The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical …

G. RAMAversusT.G. SESHAGIRI RAO (D) BY LRS.

2008 INSC 771Dismissed

The suit property was a house jointly purchased in 1963 by T.G. Seshagiri Rao and his uncle T.K. Vasudeva Murthy. The uncle later relinquished his interest to Rao by a release deed in 1989, making Rao the absolute owner. After the death of her husband (Vasudeva Murthy's son), the appellant, G. Rama, …

SALEKH CHAND (DEAD) BY LRS.versusSATYA GUPTA AND ORS.

2008 INSC 295Dismissed

The appeal concerned a suit for partition of a family property where the plaintiff claimed that the original owner, Jagannath, had adopted his sister's son, Chandra Bhan, under a custom of the Vaish community that permitted such adoptions. The respondents argued that no such custom existed and that …

BRAJENDRA SINGHversusSTATE OF M.P. AND ANR.

2008 INSC 43Dismissed

Mishri Bai, a crippled Hindu woman married to Padam Singh, lived separately from her husband and in 1970 claimed to have adopted Brajendra Singh, seeking to treat them as a joint family to retain excess agricultural land under the Madhya Pradesh Ceiling on Agricultural Holdings Act. The trial court …

BHIMASHYA AND ORS.versusSMT. JANABI @JANAWWA

2006 INSC 990Dismissed

The plaintiff filed a partition suit claiming a half‑share in the ancestral properties of her father Fakirappa, who died leaving two daughters. The husband of the other daughter (Defendant No.1) contended that he was the adopted son of Fakirappa and that the suit‑house property (item 3 of the …

CHHABIL DASversusPAPPU

2006 INSC 758Dismissed

The mother of the deceased plaintiff filed a suit for permanent injunction against the appellant, claiming possession of land inherited from her husband. The plaintiff died and the appellant, an adopted son, was substituted as legal heir. The trial court dismissed both the suit and the counter‑claim …

PENTAKOTA SATYANARAYANA AND ORS.versusPENTAKOTA SEETHARATNAM AND ORS.

2005 INSC 458Appeal(s) allowed

Pentakota Srirammurthy executed a registered will in 1980 bequeathing a portion of his self‑acquired property to his first wife, Seetharatnam, and the remainder to his children by his second wife, Alla Kantamma. After his death, Seetharatnam and Krishna Bhagavan (who claimed to be an adopted son) …

SAVITABEN SOMABHAI BHATIYAversusSTATE OF GUJARAT AND ORS.

2005 INSC 128Disposed off

Savitaben Somabhai Bhatiya claimed maintenance under Section 125 of the CrPC, asserting that she was married to the respondent under customary rites while he already had a living wife. The trial court and High Court had granted her maintenance and that for the child, but the High Court held that she …

B.P. ACHALA ANANDversusS. APPI REDDY AND ANR.

2005 INSC 73Dismissed

The case concerned an eviction suit filed by a landlord under the Karnataka Rent Control Act against a tenant, H.S. Anand, who had deserted his wife, B.P. Achala Anand, leaving her in the tenanted matrimonial home. The wife sought to be impleaded and to contest the eviction, arguing that she …

RAMESH CHANDRA RAMPRATAPJI DAGAversusRAMESHWARI RAMESH CHANDRA DAGA

2004 INSC 711Dismissed

The wife, who had a prior marriage that was never dissolved by a court decree, married the appellant after his first wife's death. The husband filed a suit to declare the second marriage void under Section 5(i) and Section 11 of the Hindu Marriage Act, while the wife sought judicial separation and …

JUPUDI VENKATA VIJAYA BHASKARversusJUPUDI KESAVA RAO (D) AND ORS.

2003 INSC 497Dismissed

J.V.V. Bhaskar was adopted by J.K. Rao after being fostered by him since 1957. Before the adoption, the parties executed an ante‑adoption agreement in which Bhaskar, a major, agreed not to claim certain properties that had already been settled in his favour. Bhaskar later sued, contending that the …

NAMDEV VYANKAT GHADGE AND ANR.versusCHANDRAKANT GANPAT GHADGE AND ORS.

2003 INSC 116Appeal(s) allowed

Vyankat, the sole surviving coparcener of a Hindu joint family, died on 8 February 1978. Four months later his widow Krishnabai adopted Dattatraya. The plaintiffs, Vyankat's children, sued for partition claiming their statutory shares, while the defendants argued that the adopted son was also …

JAI SINGHversusSHAKUNTALA

2002 INSC 141Dismissed

Shakuntala, the natural daughter of the deceased Sunda Ram, sued to be declared owner of his property, challenging a registered adoption deed that named Jai Singh as an adopted son. The trial court and two appellate courts held that the adoption was invalid and decreed in favour of Shakuntala. On …

NILIMA MUKHERJEEversusKANTA BHUSAN GHOSH

2001 INSC 377Dismissed

The respondent filed an eviction suit after tenant Ramesh Chand Ganguly died intestate, claiming the tenancy ended. The appellant, Nilima Mukherjee, asserted she was the adopted daughter of the deceased and therefore entitled to continue as tenant. To prove adoption she relied on a joint bank …

SHOBHA SURESH JUMANIversusAPPELLATE TRIBUNAL, FORFEITED PROPERTY AND ANR.

2001 INSC 254Dismissed

The appellant, Shobha Suresh Jumani, wife of a detenu whose properties were ordered forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, filed an appeal claiming to be a "person aggrieved" under Section 12(4) of the Act and also sought maintenance under …

CHIRANJILAL SRILAL GOENKA (DEAD) BY LRS.versusJASJIT SINGH AND ORS.

2000 INSC 567Set Aside

The dispute arose after the death of Chiranjilal Srilal Goenka, whose daughter claimed inheritance under a will, while his adopted son claimed rights based on a letter dated 26‑January‑1961 from his natural father promising him inheritance. An arbitrator held the will inoperative and declared the …

RAJATHIversusC. GANESAN

1999 INSC 286Appeal(s) allowed

The appellant wife filed a petition under Section 125 of the Criminal Procedure Code seeking maintenance, alleging that her husband, who had sufficient means, had neglected and refused to maintain her and was living with another woman. The husband contended that the wife could not prove a second …

SMT. JASBIR KAUR SEHGALversusTHE DISTRICT JUDGE DEHRADUN AND ORS.

1997 INSC 620Appeal(s) allowed

The wife, Jasbir Kaur Sehg al, filed for divorce and, having no income, was supporting her eldest unmarried daughter. She applied for maintenance pendente lite under Section 24 of the Hindu Marriage Act, which the High Court had enhanced to Rs 1500 per month. The Supreme Court examined whether …

SMT. YALLAWWversusSMT. SHANTAVVA

1996 INSC 1163Disposed off

Basappa filed a divorce petition under Section 13(1)(i‑b) of the Hindu Marriage Act and obtained an ex‑parte decree on 15‑12‑1989. Basappa died on 26‑05‑1990; the wife, Shantavva, claimed she only learned of the decree on 31‑03‑1990 and was not properly served, filing an application under Order IX …

KASHIBAI W/O LACHIRAM AND ANR.versusPARWATIBAI W/O LACHIRAM AND ANR.

1995 INSC 597Appeal(s) allowed

The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram …