The HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
chandigarh · 1956
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short title and extent- (1) This Act may be called the Hindu Adoptions and Maintenance Act, 1956
- S. 2Section 2 specifies the applicability of the Act to various religious groups, excluding Muslims, Christians, Parsis, and Jews unless they follow Hindu law.
- S. 3Section defines key terms like "custom," "maintenance," and "minor" for the Hindu Adoption and Maintenance Act.
- S. 4Section 4 overrides pre-existing Hindu law and other inconsistent laws in favor of the Hindu Adoption and Maintenance Act provisions.
- S. 5Section 5 mandates that all Hindu adoptions must comply with the Act's provisions or be void.
- S. 6Section 6 outlines the requirements for a valid adoption under the Hindu Adoption and Maintenance Act, 1956.
- S. 7Section 7 allows a sound-minded male Hindu to adopt a child, but requires his wife's consent unless she is absent or incapacitated.
- S. 8Section 8 allows any mentally sound, unmarried or eligible married Hindu female to adopt a child.
- S. 9Section 9 of the Hindu Adoption and Maintenance Act, 1956 specifies who has the authority to give a child in adoption, primarily the parents or guardian, subject to court approval.
- S. 10Section 10 specifies conditions for adoption under the Hindu Adoption and Maintenance Act, including that the adoptee must be a Hindu, unmarried, and under 15 years old.
- S. 11Section 11 of the Hindu Adoption and Maintenance Act, 1956 outlines specific conditions for valid adoption, including no existing sons or daughters and age differences between adoptive parents and the child.
- S. 12Section 12 establishes that an adopted child is treated as the biological child of the adoptive parents, severing ties with the birth family.
- S. 13Adoptive parents retain the right to dispose of their property by transfer or will.
- S. 14Section 14 determines adoptive mother status in Hindu adoptions, deeming the senior wife or first wife as adoptive mother.
- S. 15Section 15 prevents validly made adoptions from being cancelled by adoptive parents or the adopted child returning to their birth family.
- S. 16Section presumes compliance with the Act for registered adoption documents unless disproven.
- S. 17Section 17 prohibits adoption payments and sets penalties for violations, requiring state government approval for prosecution.
- S. 18Section 18 of the Hindu Adoption and Maintenance Act, 1956, entitles a Hindu wife to maintenance and separate residence from her husband under specific conditions of cruelty, desertion, or other justified causes.
- S. 19Section 19 ensures a widowed daughter-in-law's maintenance by her father-in-law if she lacks means from other sources.
- S. 20Section 20 mandates a Hindu to maintain their children and aged parents during their lifetime.
- S. 21Section 21 defines who qualifies as dependents for maintenance purposes under the Hindu Adoption and Maintenance Act, 1956.
- S. 22Section 22 mandates heirs to maintain deceased Hindu's dependents from inherited estate, with liability proportional to estate share.
- S. 23Section 23 outlines the court's discretion to determine maintenance amounts for wives, children, or parents based on various factors.
- S. 24Section 24 prohibits maintenance claims for those who have converted from Hinduism to another religion.
- S. 25Section allows alteration of maintenance amount if there's a significant change in circumstances.
- S. 26Section 26 prioritizes debts over dependents' maintenance claims under the Hindu Adoption and Maintenance Act.
- S. 27Section 27 specifies that a dependent's claim for maintenance under the Act does not automatically affect the deceased's estate unless specified by will, court decree, agreement, or otherwise.
- S. 28Section 28 ensures maintenance rights against property transfers, except when the transferee pays consideration and lacks notice of the right.
- S. 29Repeals- [Repealed by Act 58 of 1960]
- S. 30Section preserves validity of adoptions made before the Act's commencement.