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1 - 8 of 8 (0.20 seconds)Section 25 in The Hindu Adoptions And Maintenance Act, 1956 [Entire Act]
The Hindu Adoptions And Maintenance Act, 1956
Section 9 in The Hindu Marriage Act, 1955 [Entire Act]
The Hindu Marriage Act, 1955
Section 28 in The Hindu Marriage Act, 1955 [Entire Act]
Nathulal vs Smt. Mana Devi on 21 October, 1969
6. It is true the present proceedings started on an application under Section 25 of the Act and not by a suit whereunder maintenance would be claimed in accordance with the provisions of the Hindu Adoptions & Maintenance Act, 1956. Nevertheless the discretion under Section 25 of the Act vested in a Court which has awarded a decree of conjugal rights or any other decree under the Act is wider. Such a discretion is not controlled by the provisions of the Hindu Adoptions and Maintenance Act, 1956. Nonetheless the principles governing the award of maintenance enshrined in Section 23 of the Hindu Adoptions and Maintenance Act, 1956 could usefully be kept in mind by the Court in dealing with an application under Section 25 of the Act. It has been held by a Division Bench of this Court in Nathulal v. Mana Devi, AIR 1971 Raj 208 that on conclusion of the proceedings under the Hindu Marriage Act and resulting in a decree of any of the four kinds namely. (1) for restitution of conjugal rights, (2) for judicial separation. (3) for divorce, (4) for annulment of the marriage, the Court can grant permanent alimony to the wife under Section 25 of the Act and the Court has to determine the amount as "it may seem to be just" and in doing so it has to consider the income and other property of the wife the income and other property of the husband, and the conduct of the parties. It was added that Section 25 did not lay down any rigid rule or any fixed criteria for assessment of the amount and leaves the matter to the discretion of the Court while stressing that the means of the parties and their conduct are essential factors to which regard must be had.
Section 23 in The Hindu Adoptions And Maintenance Act, 1956 [Entire Act]
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