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THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 ACT NO. 78 OF 19561. [21st December, 1956.] An Act to amend and codify the law relating to adoptions and maintenance among Hindus.
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This Act regulates adoption and maintenance of Hindu persons in India. It defines the requirements, procedures and effects of adoption, and the rights and obligations of adoptive and biological families.
- Introduction
- Applicability of Hindu Adoption and Maintenance Act
- What Is Adoption?
- Who Will Be The Adoptive Mother in Case of Adoption by A male?
- Maintenance
- References
Hindu Adoption and Maintenance Actdeals with the legal procedure of adoption of children by Hindu and other legal obligations that follow, including maintenance of children, wife, and in-laws. In the first part of this article, I will talk about adoption for Hindus and the second part shall deal with maintenance.
As per the act – a Hindu does not merely mean a person that follows Hinduism but also includes other sub-religions of Hinduism, such as- Buddhists, Jains, Sikhs, Virashaiva, Lingayat, or members Arya Samaj. Followers of Brahmo and Prarthana are also included in the definition of Hindu. As a matter of fact, the Hindu Adoption and Maintenance Act cov...
The Act has no description of the word “Adoption”per se, but it is a Hindu law derived from uncodified Hindu laws of Dharamsastra, specifically Manusmriti. Adoption has been described in Manusmritias‘taking someone else’s son and raising him as one’s own’. Hindu Adoption and Maintenance Act has made the definition of ‘adoption’ much wider by using ...
We have already discussed that a Hindu male who has a living wife must have her consent for adopting a child. 1. Section 14(1)of the act states that in such cases the wife shall be deemed to be the mother of the adopted child. 2. If a male who adopted the child has multiple wives, the senior-most wife shall be considered to be the mother of the ado...
Now that we are done with Hindu laws of adoption in all its entirety, let’s carry on with Chapter 3 of the act that deals with maintenance.
Cases
1. Sardar Kirpal Singh v. Sardar Balwant Singh(1913) 15 BOMLR 79 2. Gangubai Bhagwan Kolhe v. Bhagwan Bandu Kolhe2007 (3) MhLj 223 3. Kare More Sharabanna Rudrappa & ors. v. Basamma & orsAIR 1962 Kant 207 4. Binda Prasad Singh v. Mundrika DeviAIR 1968 Pat 196 5. Mst. Samu Bai & anr v. Shahji Magan LalAIR 1961 Raj 207 6. Abbayolla M. Subba Reddy v. Padmamma1998 (5) ALD 465 7. Anita Thaukral v. Shri Satbir Singh Tkukral (Citation not available) 8. Sri Chandra Nath Sadhu & ors v. The State of We...
Bare Acts
1. The Hindu Adoption and Maintenance Act, 1956 2. The Hindu Marriage Act, 1955 3. The Transfer of Property Act, 1882
Books
1. Dr Saxena. Poonam, Family Law Lectures, ed. 3, LexisNexis, 2011.
Aug 13, 2023 · Learn about the legal process, validity, and consequences of adoption and maintenance under this Act, which is applicable only to Hindus, Sikhs, Jains, and Buddhists. Compare the adoption process under this Act and the Juvenile Justice Act, 2015, and the issues and challenges involved.
Jun 9, 2020 · The laws governing adoption in India are as follows: The Hindu Adoption and Maintenance Act, 1956. The Act replaced the common Hindu law and to a great extent has codified the law on adoption. The Act aims to rectify the caste-based division in the Indian society and the adoption based upon it.
- Ayush Verma
1956-12-21. Act Year: 1956. Short Title: The Hindu Adoptions and Maintenance Act, 1956. Hindi Title: हिन्दूू दत्तक तथा भरण-पोषण अधिनियम, 1956. Long Title: An Act to amend and codify the law relating to adoptions and maintenance among Hindus.
Learn about the legal provisions for adopting and maintaining children and family members in Hindu law in India. Find out who can adopt, who can be adopted, and what are the rights and obligations of the parties involved.
