File Name: hindu adoption and maintenance act 1956 in hindi.zip
Interpretation of Section 6 of the Hindu Succession Act,
All of these acts were put forth under the leadership of Jawaharlal Nehru , and were meant to codify and standardise the current Hindu legal tradition. The Adoptions and Maintenance Act of dealt specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide "maintenance" to various family members including their wife or parents, and in-laws. This act applies to Hindus and all those considered under the umbrella term of Hindus, which includes:.
Hindu Adoption and Maintenance Act deals 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. Child includes both a girl and a boy child, and not merely a son. With the change in society over time a codified and uniform legislation was required to serve the democracy, so, no adoption can be made without the procedure mentioned in this act. If any adoption is made neglecting this act, the adoption shall be rendered to be void.
Adoption will be valid only if it has been made in compliance with this Act. In order to adopt a child, the person must be a Hindu and have the capacity to adopt it.
A Hindu male who wishes to adopt a child must meet the requirements provided in Section 7 of the act and a Hindu female wanting to adopt shall abide by Section 8 of the same. Section 7 states that a male Hindu who is willing to adopt a child must fulfil the following conditions:. It was the contention of the plaintiff that his wife had absconded and could be considered as good as dead. The High Court of Madras observed that the wife of the plaintiff had run away but could not be considered dead unless she had not been heard from for at least seven years.
It was held that as long as the wives are alive, the consent of each wife is necessary for a valid adoption. But, the existence of a living wife is an essential requirement for a Hindu male to adopt children. Section 8 of the act states that a Hindu Female willing to adopt a child must:. If she has a husband who is alive, she will not have the capacity to adopt a child. No one but the parents and guardian of the child can give them up for adoption as per Section 9 of the Hindu Adoption and Maintenance Act.
A mother will have the capacity to give the child up for adoption if:. The section clearly mentions that the father and mother mean biological parents and not adoptive parents.
Adoptive father or mother can not give the child up further for adoption. Click Here. But in order for a guardian to give up a child for adoption, he must have the permission of the court for doing so. The court for giving such permission must be satisfied that:.
Only upon meeting these requirements shall adoption be valid. The Hindu Adoption and Maintenance Act prescribes a set of rules for a valid adoption, which must be complied with. Such as:. Section 11 i of the act states that if a Hindu male or female desires to adopt a son, they must not have a living son, grandson, or even a great-grandson at the time of adoption.
It is irrelevant whether the son is legitimate, illegitimate, or adoptive. They should not already have a son who is living. Similar to the conditions of adopting a son — Section 11 ii states that one wishing to adopt a daughter must not have a living daughter or a granddaughter from their son at the time of the adoption.
It is immaterial whether the daughter or granddaughter is legitimate, illegitimate, or adoptive. 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. If a Hindu female wants to adopt a male child she must first meet the requirements prescribed in Section 8 of the act and have the capacity to adopt a child.
Also, she has to be at least 21 years older than the child she wishes to adopt. When adopting a child a person must comply with some additional conditions along with all the aforementioned conditions.
These additional conditions are basic and are very important for the welfare of the child. Adoption will completely change the life of a child in many ways. He becomes a part of a new family and will have rights in the property as well.
Section 12 of the act states:. However, there are some conditions that the child must abide by after he has been adopted, such as:.
It is important for the adoption to be valid to have any effect at all. If adoptive parents wish to dispose of their properties by transfer by gift or will, they are free to do so and adoption does not stop them. Unless there is an existing agreement that states the contrary. We have already discussed that a Hindu male who has a living wife must have her consent for adopting a child.
With the increasing child trafficking around the world, the prohibition of payments during an adoption is one of the most important rules in order to ensure that the child is not being sold. It is stated in Section 17 of the act that no payment can be received or made during an adoption by anyone. No one shall receive any reward in monetary or non-monetary ways for adopting a child or giving them up for adoption.
The wife must be paid maintenance after divorce until she gets married again. The idea behind this is to let her live with her lifestyle and comfort that existed during her marriage, and it must be paid until she gets remarried.
There is no minimum or the maximum amount fixed for maintenance, it is to be decided by the court according to the earning capacity of the husband. If the husband is well to do then the maintenance shall be high in order to match the rich lifestyle the wife was used to during the marriage. If that is not the case, it must be a reasonable enough amount that can cover all her reasonable expenses.
Section 18 2 of the Hindu Adoption and Maintenance Act provides a list stating when a wife will be entitled to maintenance. As per the Section, a wife can live separately from her husband and still have the right to claim maintenance in the following situations:.
Maintenance can be paid every month or in a lump sum. Even when the wife has some source of income and some property but needs some financial aid for necessary expenses such as medical expenses. It is the obligation of the husband to pay maintenance for such expenses if required. Anita Thaukral v. Shri Satbir Singh Tkukral. In the aforementioned case, t he wife had some source of income and also had an apartment in a good location but, she was unable to make enough money to cover up her medical expenses.
A wife must be maintained after a divorce in order to financially support her. But, there are some exceptions to this rule. Section 18 3 of the act states that a wife will not be entitled to maintenance:. Also, in the case of Abbayolla M. Subba Reddy v. Padmamma :. The High Court of Andhra Pradesh held that:. A husband is liable to pay maintenance to his wife after they get divorced. However, if the husband is dead it is the obligation of his father to pay maintenance to his daughter-in-law.
Section 19 of the Hindu Adoption and Maintenance Act states the same, but the father-in-law shall only be liable to pay maintenance if:. In case she has no property of her own and any property of her husband, parents or children are not fetching her any maintenance. The second clause of Section 19 also states:.
That a father-in-law shall not be liable to pay any maintenance if:. People who cannot earn money for themselves due to reasonable grounds need to be given maintenance in order to meet their basic necessities. Such people can include children and old people. Section 20 of the act states:. The section further prescribes that:. In the case of Mst. So, we can infer that if the old parents have enough means to maintain themselves, the obligation of children to maintain them can be relaxed.
Dependents of a deceased must be maintained if they do not have the capacity to do so by themselves. Section 21 of the act defines dependents and Section 22 states that such persons shall be entitled to maintenance.
Dependent is someone who relies on parents, brother or some other relative for sustaining themselves. Section 21 of the act says that in the context of this act dependents refer to the following relatives of the deceased:. Now that we have already seen who dependents are and why they need maintenance, let us proceed further and see how to maintain them and who is obligated to maintain them. Section 22 of the act states:. There is no fixed amount for maintenance that shall be paid.
It is at the discretion of the court to determine the amount of maintenance. Section 23 of the act states that while deciding the amount of maintenance to be awarded to a wife, children, or old and infirm parents — the court must do so considering the following:. Section 23 3 further simplifies the process of deciding the amount of maintenance payable to other dependents. It says that the amount of payment to be made should be with regard to:. The amount of maintenance to be paid can be decided by the court or by an agreement between the parties.
Maintenance is paid to provide aids for the basic needs of everyday life in case a person does not have the source or ability to provide for themselves. Section 25 of the act states t hat the amount of maintenance may be altered with the change in circumstances.
But, the section is vague. It does not say on what changes in circumstances can the alteration be sought and how the alteration can be done. In the case of Binda Prasad Singh v. Mundrika Devi , the High Court of Patna observed that t here was no set procedure mentioned in Section 25 as to how the amount can be altered. The Hindu Adoption and Maintenance Act has been legislated for the Hindus and has the power and authority to govern only people that belong to the Hindu religion.
Hindu Adoption and Maintenance Act deals 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. Child includes both a girl and a boy child, and not merely a son. With the change in society over time a codified and uniform legislation was required to serve the democracy, so, no adoption can be made without the procedure mentioned in this act.
Hindu Adoptions And Maintenance Act, [78 of , dt. ]. . An Act to amend and codify the law relating to adoptions and maintenance among.
Women have always been discriminated against and have suffered and are suffering discrimination in silence. Rama Swamy in Madhu Kishwar vs. State of Bihar Marriage is the very foundation of any society. It is sine qua non for family peace and stability. Being so, legislatures all around the world have given certain rights and imposed certain obligations on husband and wife which are important constituents of any family.
To read the guidelines and directions issued by the Court, click here. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife, covering overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance. The legislations which have been framed on the issue of maintenance are the Special Marriage Act, , Section of the Cr. Further, a Hindu wife may claim maintenance under the Hindu Adoptions and Maintenance Act , and also in a substantive proceeding for either dissolution of marriage, or restitution of conjugal rights, etc. The different enactments provide an independent and distinct remedy framed with a specific object and purpose.
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Hindu Adoptions and Maintenance Act, Next · हिन्दू दत्तक तथा भरण-पोषण अधिनियम, in Hindi.Abby L. 24.05.2021 at 01:54
With the passing of the Hindu Succession Act, , which treats sons and daughters equally in the matter of succession, it has now become possible to simplify the law of adoption among Hindus.Jack B. 29.05.2021 at 20:10
The Hindu Adoptions and Maintenance Act, Rules Regulations Notifications Orders Circulars (Statutory) Ordinance Statutes. Sections.