Professional Documents
Culture Documents
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 standardize 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, as well as the legal
obligations of a Hindu to provide "maintenance" to various family members
including, but not limited to, their wife or wives, parents, and in-laws.
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 standardize 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, as well as the legal
obligations of a Hindu to provide "maintenance" to various family members
including, but not limited to, their wife or wives, parents, and in-laws
Hindu Sonship
To have a son is considered a 'must' for every Hindu and begetting a son is one of the three debts
that a Hindu was required to discharge in this world. In Hindu religion, it is believed that a son
delivers his father from the hell (called 'put') hence he is called a 'putra'. [1] Hindus have always
desired to have a natural born son (an 'aurasa') for the spiritual benefit and the continuation of
family. Yet, secondary sons have been recognized right from the Vedic age to this date. Some of the
illegitimate sons were also fitted into the system of sonship and those who were left out were never
denied maintenance. It was believed that the one who was responsible, either directly or indirectly,
for the birth of a child had to provide for maintenance of it. According to Hindu sages, the number of
sons is twelve or thirteen. According to Manu, sons are classified into two categories. The sons in
category 1 are kinsmen as well as heirs while the sons in category 2 are only kinsmen. During
the Raj, most of sons in above categories became obsolete and there remained only one natural
born son and the adopted son.
APPLICATION
This Act applies to Hindus and all those considered under the umbrella term of Hindus, which
includes:
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.
ADOPTION
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(s) 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.
Women can adopt if they have the consent of their husband. Again, the only way of getting around
obtaining the permission of the husband is if he is unsound, has died, has completely and finally
renounced the world, and has ceased to be a Hindu. Women who are unmarried can adopt as well
as long as they are not a minor. However, if a woman were to adopt a son, the woman must be
twenty one years of age or older.[5] 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.
No person shall be capable of being taken in adoption unless the following conditions are
fulfilled, namely :-
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties
which permits persons who are married being taken in adoption.
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage
applicable to the parties which permits persons who have completed the age of fifteen years
being take in adoption
(i) the person adopting has the capacity, and also the right, to take in adoption;
(ii) the person giving in adoption has the capacity to do so
(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.
(c) who is not married, or if married, whose marriage has been dissolved or whose husband is
dead or 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.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with
imprisonment which may extend to six months, or with fine, or with both.
(3) No prosecution under this section shall be instituted without the previous sanction of the
State Government or an officer authrorised by the State Government in this behalf.
MAINTENANCE
MAINTENANCE OF A WIFE
A Hindu wife is entitled to be provided for by her husband throughout the duration
of her lifetime. 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.
Amount of maintenance.-
(1) It shall be in the discretion of the Court to determine whether any, and if so
what, maintenance shall be awarded under the provisions of this Act, and in doing
so, the court shall have due regard to the considerations set out sub-section (2), or
sub-section (3), as the case may be, so far as they are applicable.
(c) if the claimant is living separately, whether the claimant is justified in doing so,
(d) the value of the claimant’s property and any income derived from such
property, or from the claimants.
(a) the net value of the estate of the deceased after providing for the payment of his
debts.
(b) the provisions, if any, made under a will of the deceased in respect of the
dependant.
(e) the past relations between the dependant and the deceased.
(f) the value of the property of the dependant and any income derived from such
property, or from his or her earnings or from any other source.