Hindu Adoptions and maintenance Act ( 1956 ) - Wikipedia Hindu Adoptions and maintenance Act ( 1956 ) Hindu Adoptions and Maintenance Act Enacted by Parliament of India Status : In force The Hindu Adoptions and Maintenance Act was enacted in India in 1956 as part of the Hindu Code Bills. The other legislations enacted during this time include the Hindu Marriage Act ( 1955 ), the Hindu Succession Act ( 1956 ), and the Hindu Minority and Guardianship Act ( 1956 ). 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 1956 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 wives, parents, and in - laws. Contents 1 Application 2 Adoptions 2.1 Who can adopt ? 2.2 Who can be adopted ? 2.3 Legal implications for an adopted child 3 Maintenance 3.1 Maintenance of a wife 3.2 Maintenance of a child or of aged parents 3.3 Amount of maintenance provided 4 References Application This act applies to Hindus and all those considered under the umbrella term of Hindus, which includes : a Hindu by religion in any of its forms or development ; a Buddhist, Jain or Sikh ; a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs ; a child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up ; an abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist, etc. ; and a convert to the Hindu, Buddhist, Jain or Sikh religion. Persons who are Muslims, Christians, Parsis or Jews are excluded from this definition. The act does not also apply to adoptions that took place prior to the date of enactment. However, it does apply to any marriage that has taken place before or after the Act had come into force. Moreover, if the wife is not a Hindu then the husband is not bound to provide maintenance for her under this Act under modern Hindu Law. Adoptions Who can adopt ? Under this act only Hindus may adopt subject to their fulfilment of certain criteria. The first of these asserts that the adopter has the legal right to ( under this Act that would mean they are a Hindu ). Next, they have to have the capacity to be able to provide for the adopted child. Thirdly the child must be capable of being adopted. Lastly, compliance with all other specifications ( as outlined below ) must be met to make the adoption valid. Men can adopt if they have the consent of their wife or of all of their wives. The only way of getting around obtaining the permission of the wife or of the wives is if she or if they are unsound, if they have died, if they have completely and finally renounced the world, and if they have ceased to be a Hindu. Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband. A married woman whose husband adopts a child is to be considered the mother. If the child is adopted and there are more than one wife living in the household, then the senior wife is classified as the legal mother of the adopted child. Who can be adopted ? The adopted child can be either male or female. The adopted child must fall under the Hindu category. The adoptee also needs to be unmarried ; however, if the particular custom or usage is applicable to the involved parties then the adoptee can be married. The child can not be the age of fifteen or older, unless again it is custom or the usage is applicable to the involved parties. An adoption can only occur if there is not a child of the same sex of the adopted child still residing in the home. In particular, if a son were to be adopted then the adoptive father or mother must not have a legitimate or adopted son still living in the house. Legal implications for an adopted child From the date of the adoption, the child is under the legal guardianship of the new adopted parent ( s ) and thus should enjoy all the benefits from those family ties. This also means that this child, therefore, is cut off from all legal benefits ( property, inheritance, etc. ) from the family who had given him or her up for adoption. Maintenance Maintenance of a wife A Hindu wife is entitled to be provided for by her husband throughout the duration of her lifetime per Section 18 of HAMA ' 56. Regardless of whether the marriage was formed before this Act was instated or after, the Act is still applicable. The only way the wife can null her maintenance is if she renounces being a Hindu and converts to a different religion, or if she commits adultery. The wife is allowed to live separately from her husband and still be provided for by him. This separation can be justified through a number of different reasons, including if he has another wife living, if he has converted to a different religion other than Hinduism, if he has treated her cruelly, or even has a violent case of leprosy. If the wife is widowed by her late husband, then it is the duty of the father - in - law to provide for her. This legal obligation only comes into effect if the widowed wife has no other means of providing for herself. If she has land of her own, or means of an income and can maintain herself then the father - in - law is free from obligation to her. Additionally, if the widow remarries then her late husband 's father - in - law does is not legally bound by this Act anymore as well. Maintenance of a child or of aged parents Under this Act, a child is guaranteed maintenance from his or her parents until the child ceases to be a minor. This is in effect for both legitimate and illegitimate children who are claimed by the parent or parents. Parents or infirmed daughters, on the other hand, must be maintained so long as they are unable to maintain for themselves. Sections 20 - 22 of the Act cover the same, and provide for the maintenance of any dependents of an individual. Amount of maintenance provided The amount of maintenance awarded, if any, is dependent on the discretion of the courts. Particular factors included in the decision process include the position or status of the parties, the number of persons entitled to maintenance, the reasonable wants of the claimants, if the claimant is living separately and if the claimant is justified in doing so, and the value of the claimant 's estate and income. If any debts are owed by the deceased, then those are to be paid before the amount of maintenance is awarded or even considered. References Jump up ^ http://www.vakilno1.com/bareacts/hinduadoptionsact/s18.htm Jump up ^ http://www.vakilno1.com/bareacts/hinduadoptionsact/hinduadoptionsact.htm Jump up ^ http://indiacode.nic.in/fullact1.asp?tfnm=195678 Jump up ^ http://indiacode.nic.in/fullact1.asp?tfnm=195678 Jump up ^ http://www.vakilno1.com/bareacts/hinduadoptionsa Jump up ^ http://indiacode.nic.in/fullact1.asp?tfnm=195678 Jump up ^ http://indiacode.nic.in/fullact1.asp?tfnm=195678 Jump up ^ http://www.vakilno1.com/bareacts/hinduadoptionsact/s18.htm Jump up ^ http://www.vakilno1.com/bareacts/hinduadoptionsact/s18.htm Jump up ^ http://www.vakilno1.com/bareacts/hinduadoptionsact/s18.htm Jump up ^ http://www.vakilno1.com/bareacts/hinduadoptionsact/s18.htm Jump up ^ http://www.vakilno1.com/bareacts/hinduadoptionsact/s18.htm Adoption and foster care By country Australia France Guatemala Italy Philippines United States Issues Adopted child syndrome Adoption disclosure Adoption home study Adoption reunion registry Adoption tax credit Aging out Child abuse Child laundering Closed adoption Cultural variations in adoption Disruption Genealogical bewilderment International adoption Interracial adoption Language of adoption LGBT adoption Open adoption Sealed birth records Laws Access to Adoption Records Act ( Ontario ) Adoption Information Disclosure Act ( Ontario ) Adoption and Safe Families Act ( USA ) Christian law of adoption ( India ) Foster Care Independence Act ( USA ) Hague Adoption Convention Hindu Adoptions and Maintenance Act ( India ) Islamic adoptional jurisprudence Uniform Adoption Act ( USA ) Putative Father Registry ( USA ) Dima Yakovlev Law ( Russia ) History Adoption in ancient Rome Fosterage Baby Scoop Era Home Children Indian Legislation Constitution of India ( amendments ) Indian Penal Code CrPC In Force Consumer Real Estate ( Regulation and Development ) Act, 2016 Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Corruption Benami Transactions Black Money Corruption Lokpal Mines & Minerals Act 2015 Money Laundering Whistle Blowers Criminal Armed Forces ( Special Powers ) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act Criminal Law ( Amendment ) Act, 2013 Indian Evidence Act Juvenile Justice ( Care and Protection of Children ) Act, 2015 National Security Act ( India ) Protection of Women from Domestic Violence Act, 2005 Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities ) Act, 1989 Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal ) Act, 2013 Education National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act University Grants Commission Act, 1956 Environment Biological Diversity Act, 2002 Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Prevention of Cruelty to Animals Act Protection of Plant Varieties and Farmers ' Rights Act, 2001 Wildlife Protection Act, 1972 CAMPA bill Air ( Prevention and Control of Pollution ) Act Financial Aadhaar Act Banking Regulation Act, 1949 COFEPOSA Depositories Act Electricity Act Expenditure Tax Act, 1987 Factories Act, 1948, India Finance Act ( India ) Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution Regulation Act Foreign Exchange Management Act Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Government Securities Act, 2006 Indian Contract Act, 1872 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code Insurance Act, 1938 Minimum Wages Act 1948 National Rural Employment Guarantee Act, 2005 Negotiable Instruments Act, 1881 Securities Laws ( Amendment ) Act, 2014 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Competition Act, 2002 The High Denomination Bank Notes ( Demonetisation ) Act, 1978 The Income - tax Act, 1961 Urban Land ( Ceiling and Regulation ) Act, 1976 Healthcare Central Council of Homoeopathy Act, 1973 Clinical Establishments Act Dentist Act Drugs and Cosmetics Act, 1940 Drugs and Magic Remedies Act Indian Medical Council Act Mental Health Act, 1987 Narcotic Drugs and Psychotropic Substances Act, 1985 Personal Hindu Adoptions and Maintenance Act ( 1956 ) Majority Act ( India ) Hindu Minority and Guardianship Act Hindu Succession Act, 1956 Special Marriage Act, 1954 The Hindu Marriage Act, 1955 The Muslim Women ( Protection of Rights on Divorce ) Act 1986 Social Child Labour ( Prohibition and Regulation ) Act Indecent Representation of Women ( Prohibition ) Act Interstate Migrant Workmen Act 1979 National Food Security Act, 2013 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 The Prohibition of Child Marriage Act, 2006 The Scheduled Tribes and Other Traditional Forest Dwellers ( Recognition of Forest Rights ) Act, 2006 Street Vendors Act, 2014 Unorganised Workers ' Social Security Act State Laws Anti-Superstition and Black Magic Act The Bombay Prohibition Act, 1949 Bombay Prohibition ( Gujarat Amendment ) 2009 Chhattisgarh Food Security Act, 2012 Maharashtra Control of Organised Crime Act The Gujarat Local Authorities Laws ( Amendment ) Bill, 2009 Puducherry Prevention of Anti-Social Activities Act State Reorganisation Chhattisgarh Jharkhand Punjab States Telangana Uttarakhand Terrorism Unlawful Activities ( Prevention ) Act Transportation Aircraft Act Motor Vehicles Act, 1988 National Waterways Act, 2016 Inland Vessels Act Metro Railways Act, 1978 Metro Railway Act, 2002 Organisation / Body Chartered Accountants Act, 1949 Companies Act 2013 Gram Nyayalayas Act, 2008 Indian Trusts Act, 1882 Panchayats ( Extension to Scheduled Areas ) Act 1996 Reserve Bank of India Act, 1934 The Indian Partnership Act, 1932 Societies ' Registration Act The Limited Liability Partnership Act, 2008 Repeal Repealing and Amending Act, 2015 Repealing and Amending Act, 2016 Other Delimitation Act Enemy Property Act, 1968 Information Technology Act, 2000 Nuclear Liability Act Representation of the People Act, 1951 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Right to Information Act, 2005 State Emblem of India ( Prohibition of Improper Use ) Act, 2005 The Foreigners Act, 1946 Ordinance List of Ordinances Repealed Pre-Independence Age of Consent Act, 1891 Criminal Tribes Act Hindu Widows ' Remarriage Act, 1856 Official Secrets Act ( India ) Public Debt Act, 1944 Post-Independence Anti-Copying Act, 1992 Foreign Exchange Regulation Act Gift Tax Act, 1958 Illegal Migrants ( Determination by Tribunal ) Act, 1983 Interest Tax Act, 1974 Juvenile Justice ( Care and Protection of Children ) Act, 2000 Maintenance of Internal Security Act Prevention of Terrorism Act, 2002 Terrorist and Disruptive Activities ( Prevention ) Act The Gold ( Control ) Act, 1968 Wealth Tax Act, 1957 Bills Proposed Foreign Education Providers Bill, 2013 Geospatial Information Regulation Bill Gujarat Control of Organised Crime Act Indian Institute of Management Bill, 2017 Marriage Laws Amendment Bill Road Transport and Safety Bill Uniform civil code Lapsed Women 's Reservation Bill Retrieved from `` https://en.wikipedia.org/w/index.php?title=Hindu_Adoptions_and_Maintenance_Act_(1956)&oldid=814047499 '' Categories : Adoption law 1956 in law Indian family law Hidden categories : Use dmy dates from July 2016 Use Indian English from July 2016 All Wikipedia articles written in Indian English All articles with unsourced statements Articles with unsourced statements from November 2016 Talk Contents About Wikipedia ਪੰਜਾਬੀ اردو Edit links This page was last edited on 6 December 2017, at 16 : 33. 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Question: who are entitled to maintenance under the hindu adoption and maintenance act 1956
Answer: various family members including their wife or wives, parents, and in-laws