Hindu Law

CHAPTER I – PRELIMINARY 1. Short title and extent. (1) This Act may be called the Hindu Adoptions and Maintenance Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir. Read Hindu Adoptions and Maintenance Act on a single, systematic page. Download PDF forKEEP READING

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) to any person who is a Buddhist, Jaina orKEEP READING

3. Definitions. In this Act unless the context otherwise requires- (a) the expressions “custom” and “usage” signify any rule which, having been continuously 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 theKEEP READING

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 before the commencement of this Act shall cease to have effect with respect to anyKEEP READING

CHAPTER II – ADOPTION 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 shallKEEP READING

6. Requisites of a valid adoption. No adoption shall be valid unless- (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; (iii) the person adopted is capable of being taken in adoption;KEEP READING

7. Capacity of a male Hindu to take in adoption. Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Provided that, if he has a wife living, he shall not adopt except with theKEEP READING

8. Capacity of a female Hindu to take in adoption. Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption: Provided that if she has a husband living, see shall not adopt a son or daughterKEEP READING

9. Persons capable of giving in adoption. (1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption. (2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal rightKEEP READING

10. Persons who may be adopted. No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely- (i) he or she is a Hindu; (ii) he or she has not already been adopted; (iii) he or she has not been married, unless there isKEEP READING