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Amireddi Rajagopala Rao And Others vs Amireddi Sitharamamma And Others on 18 February, 1965

The decision in Akku Pralhad v. Ganesh Pralhad(1) has been the subject of strong criticism in Mayne's Hindu law and Usage, 11th Edn., Art. 683, p. 816 edited by Sri N. Chandrasekhara Aiyar and in a learned article in (1946) 1 M.L.J., Notes of Indian cases, p. 1, but the Full Bench of the Andhra Pradesh High Court in the instant case found themselves in complete agreement with the Bombay decision. We are of the opinion that the Bombay decision lays down the correct law.
Supreme Court of India Cites 18 - Cited by 31 - R S Bachawat - Full Document

Subhashchandra vs Smt. Narbadabai on 30 October, 1981

This Full Bench decision of the Andhra Pradesh High Court has been approved by the Supreme Court in Raja Gopala Rao v. Sitharamamma, AIR 1965 SC 1970 The Supreme Court while approving another decision of the Bombay High Court in Akku Prah-lad v. Ganesh Prahlad, AIR 1945 Bom 217 held that a married woman who left her husband and lived with her paramour as his permanently concubine could claim a status of an Avarudha Stree by remaining faithful to her paramour. She could claim maintenance from the estate Of her paramour as long as she preserved her sexual fidelity to him. Turning to Sections 4, 21 and 22 of the Act, the Supreme Court held that these sections do not have the effect of destroying her right of maintenance out of the estate of a deceased Hindu which had vested in her under the Hindu Law in force at the time of his death before the commencement of the Hindu Adoptions and Maintenance Act, 1956. The right thus accrued as a result of the death prior to the commencement of Hindu Adoptions and Maintenance Act, 1956 is not destroyed or affected by Sections 21 and 22 read with Section 4 of the Act. Since, however, in the present case the right is not founded upon any text or rule of Hindu Law whether before or after the Hindu Adoptions and Maintenance Act but is based upon a contract, which I have held to be enforceable, the provisions contained in Section 4 read with Sections 21 and 22 of the Act will not bar the enforcement of the right created under the agreement (Ex. P/5) against the estate of the deceased. In my opinion, therefore, this argument also does not help the appellant.
Madhya Pradesh High Court Cites 15 - Cited by 0 - Full Document

Prakash vs Pushpa Vani on 23 December, 2003

15. A Constitution Bench of the Supreme Court in Amireddi Raja Gopala Rao v. Amireddi Sitharamamma, , held that the claim of an Avaruddha Stree or woman kept in concubinage for maintenance for her lifetime against the estate of her paramour rested on the express text of Mitakshara, Ch.2; S.I, v. 27 and 28 read with V.7 and approved the Full Bench decision of Bombay High Court in Akku Prahlad v. Ganesh Prahlad, ILR 1945 Bom. 216 = AIR 1945 Bom. 217 (FB), wherein it was held 'that a married woman who left her husband and lived with paramour as his permanently kept mistress could claim the status of an Avaruddha Stree by remaining faithful to her paramour, though the connection was adulterous, and was entitled to maintenance from the estate of the paramour so long as she preserved her sexual fidelity to him."
Andhra HC (Pre-Telangana) Cites 37 - Cited by 1 - Full Document

Sushila Bhiku Shinde vs Sulochana Baburao Bhoj on 9 April, 1981

15. As far as the personal Hindu law is concerned, conceptually to have a mistress was not a taboo, but had recognition in the shape of "Avaruddha Stree." Not only that, she had claims with regard to the maintenance as against the estate of her master. The status of an "Avaruddha Stree" under the Shastric law was recognised and she could claim maintenance from the estate of the paramour subject to her sexual fidelity to him. (See Gopal Rao. v. Sitharamamma , approving Akku Prahlad v. Ganesh Prahlad [1945] A.I.R. Bom.
Bombay High Court Cites 11 - Cited by 0 - Full Document

Ramachandra Shiddojirao Parvatrao vs Sadashiva Rao Shiddojirao And Ors. on 21 July, 1967

There are other similar decisions of the said High Court, but I would refer only to the recent Full Bench decision of the said High Court in Akku Prahlad v. Ganesh Prahlad. AIR 1945 Bom 217 (FB). The question of Hindu law that was referred to the Full Bench related the status of a permanently kept concubine, and her right to be maintained out of her paramour's estate after his death. The Court, after a review of the Hindu Law text and the various decision, held that such a woman was entitled to maintenance out of her paramour's estate, and in the course of their decision, they referred to her position, and considered whether such a woman could be considered as a dasi or avaruddha stree as understood in the Hindu Law, and what is the position of a child born out of such connection. Mr Justice Rajadhyaksha, in his judgment, referred to the decision in (1875-77) ILR 1 Bom 97 and also the Full Bench decision in ILR 39 Mad 136 = (AIR 1916 Mad 1170 (2) (FB), and stated that:
Karnataka High Court Cites 7 - Cited by 0 - Full Document
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