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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
| Table of Content |
|---|
| 1. duty to maintain a woman under hindu law. (Para 1 , 2) |
| 2. defendant's arguments against cause of action. (Para 3 , 6 , 7 , 8) |
| 3. details of the property and affected parties. (Para 4 , 5) |
| 4. plaintiff's claim based on moral and legal grounds. (Para 9 , 10 , 11 , 12 , 13) |
| 5. application of section 14 of hsa. (Para 15 , 16 , 17 , 18 , 19) |
| 6. moral obligation evolving into legal obligation. (Para 20 , 21) |
| 7. legal obligation of heirs to maintain. (Para 22 , 23 , 24 , 25) |
| 8. rejection of plaint based on procedural grounds. (Para 30 , 31) |
| 9. court fee direction and dismissal of application. (Para 32 , 33) |
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
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.
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