HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 que (78 OF 1956) / Spas December,A956) an Act t0 amend and codify the law relating to adoptions and maintenance among A us: ge enacted by Parliament in the Seventh Year of the Republic of India as ent of Objects and Reasons.—This part of the Hindu Code deals with the subject and maintenance among Hindus. passing of the Hindu Succession Act, 1956, which treats sons and daughters Her of succession, it has now become possible to simplify the law of eq jon among Hindus, The Bill provides for the adoption of boys as well as girls. Theres Sjonger any justification for allowing a husband to prevent his wife from taking a child in aa gon after his death The adoption iadeby a Hindu widow will hereafter bein her own adil No person need be divested of any property which has vested in him by reason only fact that subsequent to such vesting an adoption has been made. This rule of divesting, the cause of many a ruinous litigation, follows sraten oradoption 2. with the saily in the mat rig ofthe hasbeen 3.In the Hindu Succession Act, 1956, a specific provision was inserted whereby it was glared that the power of a Hindu to makea testamentary disposition of his property shall not affect the right of maintenance of any heir by reason only of the fact that under the ul amentary disposition the heir has been deprived of a share in the property to which he veeakd have been entitled if the leceased had died intestate. An assurance was then given that the Chapter of the Hindu Code relating to maintenance would be introduced in Parliament as soon as possible. The latter part of this Bill deals with maintenance. This Chapter does not call for any detailed comments. It is largely based on the existing law as todified in the Bills of Rau Committee and the Select Committee of the Provisional Parliament in 1948. “ CHAPTERT PRELIMINARY ort title and extent —(1) This Act may be called Tite Hnypu Avorrions MAINTENANCE AcT, 1956. (2)It extends to the whole of India except the State of Jammu and Kashmir. _2 Application of Act—(1) This Act applies— (a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; > (b) toany person who is a Buddhist, Jaina or Sikh by religion; and (0 to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. lanation. —The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-— (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; 1. The Act has been extended to the Union Territories of Dadra and Nagar Haveli and Pondicherry by Regn. 6 of 1963 and Act 26 of 1968, respectively. Vy hagg 8 vs yor — Scanned with CamScannerA HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 {5.3 (b) any child, legitimate or illegitimate, one of whose parents i a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; ["] (uby“Any child, legitimate or illegitimate, who has been abandoned both by his father and athe or Be eerie is not known and who in either case is brought up as a Hindu, Buddhist, Jaina or Sikh;] and (c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anythin; contained in sub-section MM, nothing coittained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. .. 3) The expression “Hindu” in any portion of this ‘Act shall be construed asif itincluded a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. Objects and Reasons.—Under section 10 of the Act,only a Hindu can be adopted. As the Soe eefoned child or of a child whose parentage is not known cannot be seeipuined, itis proposed to amend the Explanation to section 2(1) of the Act to the effect that a child, legitimate or illegitimate, who has been abandoned by both of his parents or whose parentage is not known but who in either case is brought up as a Hindu will be a Hindu by religion State Amendment—[Pondicherryl Pondicherry, inS. 2, after sub-S. (2), the following si “2-A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union Territory of Pondicherry’ Amendment Act 26 of 1968, S. 2: and Sch. 3, Definitions.—In this Act, unless the context otherwise requires — are expressions “custom” and “usage” signify any rule which, having beertOntinuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that, in the case of a rule applicable only to a family, i notbeen discontinued by the family; : Iytoa family. the _(b) "maintenance" includes— oO o& re ~ (iin all cases, provision for food, clothing, residence, education and medical attendance and treatment; _(ii)in the case of an unmarried daughter, also the reasonable expenses ofand incident to her marriage; <46)"minor” meang a person who has not completed his or her age of eighteen years. _. TAN 2. The word “and” omitted by Act 45 of 1962,S. 2 (w.e.f. 29-11-1962). 3. Inserted by Act 45 of 1962, 5. 21 (w.e.f, 29-11-1962). Bla) : Cato MA) + Warn seego: Plo) = 54 —In its application to the Union Territory of sub-section shall be inserted, namely:— Scanned with CamScanner —ve be S.7] HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 55 4. Overriding effect of Act—Save as otherwise expressly provided in this Act,— (a) any text, rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately(beforéthe commencement of this Act shall €ease to have effect with respect tray matter for which provision is made‘tithis Act; (b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus insofar asitis inconsistent with any of the provisions contained in this Act. — wy COMMENTS YF rnere is no provision in the Hindu Adoptions and Maintenance Act for granting maintenance pent ite and expenses of proceedings as provided for in. 24 of the Hindu Marriage Act, 1955;-Diéte is nothing in the scheine of the provisions of S. 28 of the Hindu Marriage Act whicir is inconsistent with the provisions of the Hindu Adoptions and Maintenance Act so as to attract the bar of Cl. (b) of S.4 of the Hindu Adoptions and Maintenance Act: Vinod Kumar Kejriwal v. Usha Vinod Kejritoa! A.LR. 1993 Bom. 160. CHAPTERI feOptxiny te a rm ADOPTION #% Aer Use ffl te 700 5, Adoptions to be regulated by this Chapter—(1) No adoption 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 vaid. ai (2) An adoption which is void shall neither creaté) any rights in the adoptive family in favour of any person which he*or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth. : Loo COMMENTS dehared by the Court I is, therefore, considered that {hs “ag inthe Ln should be 2 nme "ed BY suitably >mending sub-rection rag of guaedia ing the care ane custody of the chill wit NO serson shall be capable of being tedrafted so that the circumstances in 1 nn rson, who may be adopted Ne Per rirtted, namely:— (8 in agoption unless the following t Mie or she isa Hindu; : dopted; Gi he or she has not already been adoP! ca acefanio Tor = 4b. g, 5 1 Laws (Amendment) “ct a ‘ ASHES 0) ome by te Fred ante penned a eased ont the father is dead of has com Court ‘of competent jurisdiction to be of Soden ee 4 (ore f. 29-11-1962). 6, Wubstituted by Act 45 of 1962,5. 3, for subs, (3) ed. 29-11-1962)- 3 fhe word “and” omitted by Act 45 of 19% 962). Mserted by Act 45 of 1962, B's wel ~ Scanned with CamScanner(S.11 i is tom or usage he or she has not been married, unless there is a cus! applicable to the pafties which permits persons who. are married being taker i SB : the age of fifteen years, unless there ch permits persons who have in adoption. inadoptio (a Ge eor she has wot completed (@Yestcm or usage a licable, to. the, parties. completed the age of fifteen years being ta - COMMENTS 7 ak s hav ised the cust articular matter for a long time, that is oe Ser AA aa tis otmecensay fo prove i The Courts can take judicial notice pf such acustom: Amar Singh v, Te Ram A.LR, 1982 P-&eH. 282. ne is capable of being taken in adoption: Devgonda Raygonda Patil v. Shamgonda \ y 58 / HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 je ygonda Patil A.LR. 1992 Bom. 189: (1991) 2 Mah.LJ. 1470. 11. Other conditions for a valid adoption—In every adoption, the following conditions must be complied with:— eeale Sov Sivif the adoption is of aGon) the adoptive father or mother by whom the adoption is made must not have a Hindu son, son’s son or son's son’s son (whether by legitimate blood relationship oF By adoption) living at the time of adoption; Yuk. wrt 4 if the adoption if of “daughter the adoptive father or mother b whom the adoption is made must have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption; (iii) if the adoption i by a male and the person to be adopted is a female, | the adoptive father is at ledst{fventy-one years) older than the person to be s\ ) adopte: |e (jv) if the adoption is by a female and the person to be adopted is a male, | the adoptive mother is at least{twenty-one yearg older than the person to be USA \ adopted; | - 1 same child-may not be adopted simultanegusly by two or more | persons; ieee ‘the child to be adopted must be actually given bnd faken)in adoption by the parents or guardian concerned or under their authority With intent 0 transfer the child from the family of its birth ‘for in the case of an'abandoited child or a child whose parentage is not known, from the place or family where ithas been brought up| to the family ofits adoption: a rovided that the performance of datta {jayam shall i Sra iat (es m shall not be essential to the i Objects and Reasons —As the Bill provides for the adoption a - 0 of bot statutory disparity in age between the person adopting and th in cases where the adoption isbya maleof« female orbyafemaleofa mule on oP in = = COMMENTS The expression “son” used in$. 11 of the Act would it Singh v- Major Singh (1978) 78 PunjLR 367 a Te only legitimate son: Charan 8. Inserted by Act 45 of 1962,5. 4 (w.e.f. 29-11-1962). Mere Scanned with CamScannerFr - SS ee "= 59 i HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 sa child ffects of adoption —An adopted child shall be deemed to be the chil {is or her adoptive father or m of his the Fim aad erate fr al purposes with effect isahy he & vor the adoption and from such d Kes.of the child i il Jaleo et sha be deemed to bese nd created by” i: ESA Re and replaced by those created by”, =: foption in the a e family: 5 a roid nat Capduote( PR conces?— piorg yaythe child cannot marry any person whom he or she could not pried if he or she had continue, ma ve ‘ ret Larus lin the family of hisor her birth; #4; NM We erty which vested in th - tion Bany pro e adopted child adoptior | ama etrestin saat ‘on suibject fo the obligations, if any, attaching + Mhe ownership _of such property inchiding the obligation to maintain + Sjativesin the family of his orherb “gefthe adopted child shall pot divest any person of any estate which vested in him or her before'the adoption. We hae Qxcebutas uve, AZUL avy to Py COMMENTS “9% give ie Anyone * ment the widow of a coparcener ado the surviving coparceners of the interest Which is adoptive father woul ‘ve, the undivided interest in the s ‘ivested on the introduction of an adopted son in the joint Hinde family butonly theextent | 4, »\ of his interest therein is affected by such adoption: Heera Lal v. Board of Revenue A.1.R. 2001 Raj. 318(D.B.). pts.a son, the adopted son becomes a coparcener Adopted son occupies position of natural bor son in adoptive family for all purposes Cal age gBE aNd adoption: Baban v. Parontini Dagadu Dange 1978 Mah LJ. box 1978 LJ — - \ 13,Right of adoptive parents to dispose of their Properties.—Subject to agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter "Pos orby Will. Ca Ine pedwhe COMMENTS presttictions put on the rights of an adoptce under this section does not affect the adoption that he is to be deemed to be member of family of deceased hucban gs of the “Pting wiciow: Sawan Ram vv. Kalawanti A.L.R. 1967 S.C. 1761. °. 13 of the Hi: ic laintenance Act will only be applicable if the Will was (ah sstpvedinaccndses views ty Rajendra A.LR. 1975 All. 395, U2 Determination of adoptive mother in certain cases—(1) Where a BY Who has a wife living adopts a child, she shall be deemed to be tha wig, & Where an adoption has been made with the consent of more than one Moptiye Seniorm ‘ost in marriage among, them shall be deemed to be the \ ~—Ntmother and the others to be step-mothers. —— pwr CALOPK Meter) ‘s band Wile en > \patband ey SOP Mattar Scanned with CamScanner3 widower |unesmtul —> ysfe (Jutitee) | Widow] armas —y Hus) (ea) Clep Moreen ow yute 60 HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 {5.15 (3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step-mother of the adopted child. — adopts a child, any husband here a widow or an unmarried woman, ties su t the step-father of the whol marries subsequently shall be deemed to adoplgd child. Nalid adoption not to be cancelled—No adoption which has. been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and yevury tothe family ofhisorherbirth. | Ones cvtoptGe wor tan ntuey toe cancel 16. Presump' jon—as—to~registered documents relating to adoption.— Whenever any document registered under any law for the time being in force is produced beforeamy Court purporting to record an adoption ma fe and is Signed bythe person giving aitd the person taking the child in adoption, the Courtshal) presume that the adoption has been made in compliance with the provisionsf this Act unless and until itis disproved of “shall presume” in the Objects and Reasons—In conformity with the defi n prove” have been inserted at Indian Evidence Act, 1872, the words “unless and until theend. State Amendment—[Uttar Pradesh] —In its application to State of Uttar Pradesh, S. 16 shall be renumbered as sub-S. (1) thereof and after sub-S. (1) as so renumbered, the following sub-S. (2), shall be inserted, namely:— “(@) Incase of an adoption made on or after the first day of January, 1977 no Court in Uttar Pradesh shall accept any evidence in proof of the giving and taking of the child in adoption, except a document recording an adoption, made and signed by the person giving ‘nd the person taking the child in adoption, and registered under any law for the time being in fore Provided that secondary evidence of such document shall be admissible in the circumstances and the manner laid down in the Indian Evidence Act, 1872."—U.P. Act 57 of 1976,S. 35 (wef. 1-1-1977). COMMENTS When there is no registered dacument pertaining to adoption under S. 16, then the ‘Court has to be very cautidus and extremely alert to guard the persons against being ensnared by the unscrypulous perons who indulge in grabbing the properties: V. Ravishandran v. R. Rameslyfffyaram (1998-3) 124 Mad.L.W. 822 (D.B.). . Prohibition of certain payments.—(1) No person shall receive or agree W receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward the receipt of which is prohibited by this section. 4 2) Ifany person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine, ith both. +) poe2 \ yw No prosecution ie this section shall be instituted without the re¥fous sanction of the State Government or an officer authorised by the State sovernment. is behal ase heaton ee Scanned with CamScanner