Hindu adoption and maintenance act 1956 notes. Hindu Adoptions And Maintenance Act, 1956 2022-11-05
Hindu adoption and maintenance act 1956 notes Rating:
7,1/10
1022
reviews
The Hindu Adoption and Maintenance Act 1956 is a significant legislation in India that deals with the adoption of children and maintenance of family relationships in the Hindu community. This act applies to Hindus, Buddhists, Jains, and Sikhs, and it aims to codify and reform the laws related to adoption and maintenance in these communities.
Under the Act, a Hindu male or female who is of sound mind and has attained the age of majority (18 years) can adopt a child. The Act also allows for the adoption of a child by a couple, either jointly or by one spouse with the consent of the other. The adoptive parent(s) must have the capacity to support, educate, and maintain the child, and the child must be given the same status as a natural-born child in the adoptive family.
The Act specifies that the adoptive parents must choose a child who is not already adopted, and the child must be given up by his or her natural parents or the guardian. The Act also lays down the procedure for the adoption, which includes the execution of a deed of adoption and the registration of the adoption.
In addition to adoption, the Act also deals with the maintenance of family relationships. It provides for the maintenance of children, widows, and other family members who are unable to maintain themselves. The Act requires the person responsible for maintenance to provide food, clothing, and residence to the person in need of maintenance, and it also allows the court to order the payment of maintenance in cases where the person responsible for maintenance fails to fulfill their obligation.
The Act also contains provisions related to the inheritance of property in the event of adoption. It states that an adopted child shall be entitled to the same rights in the adoptive family's property as a natural-born child, and the adoptive parents shall have the same rights and obligations as natural parents.
In conclusion, the Hindu Adoption and Maintenance Act 1956 is a comprehensive legislation that aims to regulate and reform the laws related to adoption and maintenance in the Hindu community. It provides a legal framework for the adoption of children and the maintenance of family relationships, and it ensures that the rights and obligations of adoptive parents and adopted children are protected.
All you must know about the Hindu Adoption and Maintenance
I hope you have a fruitful time here. Paras Diwan family law book. Whenever any document registered under any law for the time being in force is produced before any Court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the Court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved. It must be struck down on that account. Meaning of Maintenance The act provides the law for maintenance and also defined the meaning of Maintenance. In all the cases, the means and capacity of the party against whom the award of maintenance has to be made must be taken into account. Valid adoption not to be cancelled.
Whether the claimant is justified in living separately if she is doing so: The wife is entitled to the claim of maintenance even if she lives separately but only if she is justified in doing so. No adoptions shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void. It said that maintenance depends on a complete analysis of the situation, the amount of free estate, the past life of the married parties and the family, the requirements of the claimants, and a consideration regarding future changes. It is stated in Section 17 of the act that no payment can be received or made during an adoption by anyone. The laws governing adoption can vary from country to country and religion to religion.
The Hindu Adoption and Maintenance Act 1956: Effect of Adoption
The Hindu Adoption and Maintenance Act, 1956 presented the law for adoption and maintenance among Hindus. Article shared by The Hindu Adoptions and Maintenance Act received the assent of the President on 21st December, 1956, and came into operation on that date. Union of India, 2014 - A case against hate speech Meaning of Hate Speech under law and Indian Legal Framework to curb it Mimansa Rules of Interpretation Hindu adoption and maintenance act, 1956 was the part of Hindu code bill which faced extreme protest and therefore Hindu code bill was passed in parts. Sometimes my focus bend towards the Indian Politics too. Who can give a child for adoption? Maintenance of widowed daughter-in-law 1 A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law: PROVIDED and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance- a from the estate of her husband or her father or mother, or b from her son or daughter, if any, or his or her estate. This website includes study notes, research papers, essays, articles and other allied information submitted by visitors like YOU. Persons who may be adopted.
This Act overrode all other law, text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this act in the matter of adoption and maintenance as far those were inconsistent with the provision of this act. The amount of maintenance may be changed with a change in circumstances and factors affecting the decision to fix the amount of maintenance. Maintenance when to be a charge. Who is capable of giving an adoption? Provided she has not been able to obtain maintenance from any other source. Other conditions When adopting a child a person must comply with some additional conditions along with all the aforementioned conditions.
It was enacted as a part of the Hindu Code Bills. Adoption of a female child by a male A Hindu male willing to adopt a girl child must have the capacity to adopt a child as prescribed in Section 7 of the act, and Section 11 iii states that he must be at least 21 years older than the girl child that is to be adopted. HAMA 1956 codifies a lot of principles governing the maintenance of dependents of a Hindu male. The Act grants maintenance rights to wives, widowed daughters-in-law, children, aged parents, and other dependants. Both Hindu male and a female can make adoption and it is not necessary to enquire into the motive of adoption. Applicability of Hindu Adoption and Maintenance Act 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. Answers: a Jains, Sikhs as well as Buddhists b c legal guardians d Hindu wife.
Maintenance of children and aged parents 1 Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. Claimant to maintenance should be a Hindu. Such a view will be against the very intent and spirit of section 18 of the Act. Thus, this obligation is to be fulfilled only from the inherited property and so it is not a personal obligation. Section 18 3 says that a wife is not eligible for separate residence and maintenance if she is unchaste or has ceased to be a Hindu.
Position and Status of parties In the case of Kiran Bala vs Bankim 1967 Calcutta HC observed the living standard of the wife, and her reasonable wants in determining the maintenance amount. In my spare time I use to cook. Effect of transfer of property on right to maintenance Where a dependant has a right to receive maintenance out of an estate, and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right. This is because it affects a large number of people. This implies that there must be an actual ceremony of the transfer of parents of a child from his biological family. LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities.
The Hindu Adoption and Maintenance Act, 1956: A critique of Section 11
This was not considered to be her income but only a bounty that she may or may not get. Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption; Provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind. The maintenance can be in a gross sum or on periodical or monthly basis. Poonam, Family Law Lectures, ed. Section 15 of the law makes it clear that no parent can cancel the actual adoption or that the child has no right to refuse adoption and return to his or her biological family.
Concept of Adoption under Hindu Adoption and Maintenance Act, 1956
Neither section 18 relating to maintenance of wife nor section 21 dealing with widow provides for any charge for maintenance on separate property of husband; Sadhu Singh v. The section clearly mentions that the father and mother mean biological parents and not adoptive parents. Sukumar Nireshwalia, AIR 1994 iii The claim for maintenance by a wife can also be sustained under clause g even on a ground covered by one or other clauses i. The maintenance of parents and unmarried daughters extends so far as they cannot maintain themselves with their own earnings. Amount of maintenance may be altered on change of circumstances.
For example, she can do so if he deserts her, treats her cruelly, has another wife, suffers from leprosy, etc. Adoption by Hindu male A majority age Hindu male can adopt child wheater he is a bachelor, married, divorcee or widower but must be of sound mind. Considering that HAMA recognises only two genders male and female , the maximum number of adoptions that can be made then shrinks to two. Before publishing your Essay on this site, please read the following pages: 1. The quantum of maintenance will be fixed in cases of dispute by Courts in accordance with principles which have come to be well established by judicial decisions so far. The consent in such cases can be taken in either an express or implied manner. If Hindu male or female want to adopt child of opposite sex, then he or she must be i age gap of 21year.
