Hindu Law
Topic 91 Landmark Adoption Maintenance
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HINDU LAW — COMPREHENSIVE NOTES
Topic 91
Top Landmark Judgments — Adoption & Maintenance
Case Law Compendium & Quick Revision
Relevant Sections: HAMA 1956 | S.125 CrPC | DV Act 2005
Priority: HIGH | Exam Relevance: RJS/DJS/PCS-J
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Top Landmark Judgments — Adoption & Maintenance
Quick-revision compilation covering HAMA, maintenance under CrPC/BNSS, and DV Act.
Shabnam Hashmi v. Union of India (2014) 4 SCC 1 Ratio: Any person irrespective of religion can adopt under JJ Act, 2015. HAMA is not the only adoption route. |
Lakshmi Kant Pandey v. UOI AIR 1984 SC 469 Ratio: Laid down comprehensive guidelines for inter-country adoption. Mandatory CARA involvement. |
Brijendra Singh v. State of UP (1998) SC Ratio: Adoption must comply with S.6 HAMA — giving and taking ceremony is essential. Non-compliance = invalid. |
Dwarika Prasad v. Board of Revenue AIR 1976 SC 2425 Ratio: Adoption is complete and irrevocable from the moment of giving and taking. Cannot be cancelled. |
Nandkishore v. Kavita (2019) SC Ratio: Valid adoption requires compliance with ALL requisites of S.6 HAMA. Merely treating a child as adopted is insufficient. |
Pratibha Rani v. Suraj Kumar AIR 1985 SC 628 Ratio: Stridhan = wife’s absolute property. Husband = trustee. Refusal to return = S.406 IPC criminal breach of trust. |
Rashmi Kumar v. Mahesh Kumar Bhada (1997) 2 SCC 397 Ratio: Reaffirmed Pratibha Rani. Stridhan entrustment and misappropriation are questions of fact. |
Savitaben v. State of Gujarat (2005) 3 SCC 636 Ratio: No inconsistency between S.125 CrPC and S.18 HAMA. Both operate simultaneously. |
Rajnesh v. Neha (2021) 2 SCC 324 Ratio: Comprehensive maintenance guidelines: mandatory affidavit of disclosure; interim maintenance within 60 days. |
Chaturbhuj v. Sita Bai (2000) SC Ratio: S.125 CrPC prevents vagrancy and destitution. Object is social welfare, not punishment. |
Badshah v. Urmila Badshah Godse (2014) 1 SCC 188 Ratio: Wife of void marriage (husband’s existing marriage) entitled to maintenance under S.125 CrPC. |
Chanmuniya v. Virendra Kumar (2011) 1 SCC 141 Ratio: Broad interpretation of ‘wife’ under S.125 — includes women in marriage-like relationships. |
Kirtikant Vadodaria v. State of Gujarat (1996) 4 SCC 479 Ratio: Children’s obligation to maintain parents = fundamental duty rooted in moral and legal principles. |
S.R. Batra v. Taruna Batra (2007) 3 SCC 169 Ratio: Wife’s right to residence under DV Act = only in ‘shared household.’ Not in in-laws’ exclusive property. |
Satish Chander Ahuja v. Sneha Ahuja (2021) 1 SCC 414 Ratio: Broadened scope: wife can claim residence if she has LIVED there in domestic relationship. Balance rights. |
EXAM TIP: Big 5 Maintenance cases: (1) Rajnesh v. Neha (2021 — maintenance Bible); (2) Pratibha Rani (Stridhan = absolute); (3) Savitaben (S.125 + S.18 coexist); (4) S.R. Batra (shared household); (5) Satish Chander Ahuja (broadened Batra). |
— End of Topic 91 —
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