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1 - 10 of 12 (0.26 seconds)The Hindu Marriage Act, 1955
Section 25 in The Hindu Marriage Act, 1955 [Entire Act]
Smt. Chand Dhawan vs Jawaharlal Dhawan on 11 June, 1993
13.In the judgment of the Hon'ble Apex Court reported in 1993 MHLJ
1731 (Chand Dhawan v. Jawaharlal Dhawan), referred in the judgment
reported in 2002 (2) MHLJ 53 (cited supra), relied on by the learned counsel
appearing for the respondent, the Hon'ble Apex Court held that the Hindu
Adoptions and Maintenance Act operates in a different level and marriage has
to be subsisting for granting maintenance under the Hindu Adoptions and
Maintenance Act and Hindu Marriage Act. It is also held that remedy of
divorced wife for maintenance is only under the Hindu Marriage Act. The
Hon'ble Apex Court has held that there cannot be any interchangable. In the
present case, the appellant has filed H.M.O.P.No.26 of 2012 for maintenance
under Section 25(2) of the Hindu Marriage Act and maintenance was granted
only as per the provisions of the Hindu Marriage Act. The learned Judge did
not interchange provision of one Act to another Act. In view of the same, the
judgment relied on by the learned counsel appearing for the respondent does
not advance the case of the respondent.
Section 18 in The Hindu Adoptions And Maintenance Act, 1956 [Entire Act]
Panditrao Chimaji Kalure vs Gayabai Panditrao Kalure on 27 February, 2001
In support of his contention, the learned
counsel appearing for the respondent relied on the judgment reported in 2002
(2) MLJ 53 [Panditrao Chimajo Kalure vs. Gayabai], wherein the relevant
portion is extracted as follows: