Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Ajit Inder Singh – Appellant
Versus
Simranjit Singh Grewal, S/o. late LT. General Gurdial Singh – Respondent
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
^^j{ksr dU;ka fir foéka ifr% iq=kk'k~ p ok/kZdsA
vHkkos Kkr;l~ rs"kka u LokrU++«;a Odfpr~ fLrz;k%AA^^
The aforequoted dictum from Yājñavalkya Smṛti (Verse 1.85) encapsulates an elementary principle of classical Hindu law viz. the duty to protect and maintain a woman. It sets out a clear order of responsibility as it ordains the duty of protection of woman upon the father during minority, upon the husband after marriage and in later years, upon the sons. Although, at first blush, it may appear to state merely that a woman should not be left independent or without dependence, its contextual import is different. What lends this principle added force is the express recognition that, in the absence of those placed in the first order of responsibility, the obligation does not lapse but devolves upon the jñātis, i.e., the nearest kinsmen of the family.
2. This continuity of familial obligation, deeply embedded in classical Hindu law, later found statutory expression in the post-Independence codification of Hindu personal law, including provisions dealing with maintenance and the property rights of women. It is in this doctrinal continuum that the presen
A woman's life estate under a Gift Deed can become an absolute interest if it was established to fulfill a pre-existing duty of maintenance, reflecting both classical Hindu law and statutory interpre....
Hindu Women’s right to maintenance – Right of maintenance is sufficient for property given in lieu thereof to transform into absolute ownership, by way of Section 14(1) of HSA, 1956.
Daughters' rights to residence in ancestral property are absolute under the Hindu Succession Act, reaffirming the father's moral obligation to maintain them, effective even if he died before the Act ....
(1) Female Hindu inheritance – Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity – Hindu woman’s right t....
Hindu Law – property given to wife - Property had been given to the female Hindu in recognition of or in lieu of her right to maintenance, it was held that the situation fell within the ambit of subs....
A Hindu wife is entitled to maintenance from her husband's property independent of statutory provisions, recognizing her dormant rights until legal action is initiated.
The court established that property classified as stridhana under the Hindu Succession Act grants absolute ownership rights to female heirs, overriding previous limited rights.
Possession of property given to a Hindu female pursuant to or in recognition of a right to maintenance confers a right which gets enlarged to full ownership.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
