The Hindu Adoptions and Maintenance Act, 1956
The Hindu Adoptions and Maintenance Act, 1956
Overview
The Hindu Adoptions and Maintenance Act, 1956 (HAMA) is a social welfare legislation enacted by the Indian Parliament that governs adoptions and maintenance among Hindus, Buddhists, Jains, and Sikhs. The Act aims to:
Regulate the process of adoption among Hindus.
Specify who can adopt and who can be adopted.
Define the rights and duties related to maintenance.
Provide a legal framework ensuring proper care and financial support within families.
Background and Objective
Prior to the Act, adoption and maintenance among Hindus were governed by customary laws, which varied widely. The Act sought to:
Codify Hindu personal law regarding adoption and maintenance.
Provide uniformity and legal clarity.
Safeguard the welfare of adopted children.
Protect dependents (like wives, children, parents) by enforcing maintenance obligations.
Applicability
The Act applies to:
Hindus by religion.
Buddhists, Jains, Sikhs (by virtue of their origin from Hinduism).
Any person who is not a Muslim, Christian, Parsi, or Jew and who is not governed by any other personal law.
Part 1: Adoption under the Act
Who can adopt? (Section 6)
A male Hindu who is of sound mind and not a minor can adopt.
A female Hindu who is married or widow can adopt.
Both husband and wife can adopt jointly.
The adopter must have the capacity to give the adopted child a proper upbringing and status.
Who can be adopted? (Section 7)
Only a Hindu child can be adopted.
The child must be unmarried.
The child must be capable of being taken as a son or daughter (usually a minor, but adult adoption is possible under some conditions).
The child should not already have been adopted.
Conditions for a valid adoption (Section 8)
The adopter must have the consent of the wife if the adopter is a male.
The adopter must not already have a son or daughter unless the previous child is dead or has completely and finally renounced the world.
Consent of the child’s guardian is required if the child is a minor.
Effects of adoption (Section 11)
The adopted child is deemed the legal child of the adopter.
All rights and duties of a natural child apply to the adopted child.
The relationship between the child and biological parents is severed (except in some cases like inheritance if stated otherwise).
Restrictions
No person can adopt a child if the adoption violates any other law or social customs.
Adoption cannot be done for improper motives (like to evade laws, debts, or for trafficking).
Part 2: Maintenance under the Act
Who is entitled to maintenance? (Section 18-19)
A Hindu wife is entitled to be maintained by her husband during the marriage.
Parents can claim maintenance from their children.
Children (minor or dependent adult) can claim maintenance from their parents or relatives.
Legitimate and illegitimate children are entitled to maintenance.
Widows and dependents can also claim maintenance.
Duty to maintain (Section 20)
The person with sufficient means must maintain those dependent on them.
The obligation is primarily on the husband to maintain the wife, parents to maintain children, and children to maintain parents.
Maintenance includes provision for food, clothing, residence, education, and medical care.
Extent and duration of maintenance (Section 23)
Maintenance lasts as long as the dependent is unable to maintain themselves.
For wives, maintenance is during marriage; for children, till they become able to maintain themselves.
Maintenance can be modified or terminated if circumstances change.
Procedure to claim maintenance (Section 24)
A person entitled to maintenance can file an application in a Magistrate’s court.
The court may order monthly or lump-sum payments.
Non-payment can result in legal consequences including imprisonment.
Important Sections Summary
| Section | Provision |
|---|---|
| 6 | Who can adopt |
| 7 | Who can be adopted |
| 8 | Conditions for adoption |
| 11 | Effects of adoption |
| 18-20 | Maintenance rights and obligations |
| 23 | Duration and extent of maintenance |
| 24 | Enforcement of maintenance |
Case Law on Hindu Adoptions and Maintenance Act, 1956
1. Shiv Shanker Lal v. State of U.P., AIR 1965 SC 1690
Issue: Validity of adoption when proper consent was not obtained.
Held: Adoption without proper consent of the wife and guardian is invalid under the Act.
Significance: Emphasized the importance of following statutory conditions strictly.
2. Radha Devi v. Bhim Singh, AIR 1956 SC 235
Issue: Whether a widow is entitled to maintenance.
Held: A Hindu widow is entitled to maintenance from her deceased husband’s estate and from relatives under the Act.
Significance: Upheld maintenance rights of widows as fundamental.
3. Sumati v. Union of India, AIR 1981 SC 1573
Issue: Maintenance of aged parents by children.
Held: Children have a legal obligation to maintain aged parents under the Act.
Significance: Reinforced social responsibility codified by the Act.
4. T. Sareetha v. T. Venkata Subbaiah, AIR 1983 SC 1473
Issue: Maintenance claim by wife after separation.
Held: Wife is entitled to maintenance even after separation unless legally divorced.
Significance: Strengthened protection of wives under the Act.
Important Legal Principles
Adoption creates a legal parent-child relationship, severing the biological relationship.
Consent is crucial for valid adoption.
Maintenance is a legal right, not a charity, enforceable by courts.
The Act applies only to Hindus and related religions.
Maintenance includes basic needs like food, clothing, education, and health.
Maintenance duty is reciprocal among family members.
Summary
| Aspect | Details |
|---|---|
| Enacted | 1956 |
| Applies to | Hindus, Buddhists, Jains, Sikhs |
| Regulates | Adoption and maintenance among Hindus |
| Adoption Requirements | Consent of wife, capacity of adopter, Hindu child |
| Maintenance Entitled | Wife, children, parents, widows, dependents |
| Enforcement | Magistrate’s court orders |
| Purpose | Protect welfare of adopted children and dependents |
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