The Hindu Adoptions and Maintenance Act, 1956

The Hindu Adoption and Maintenance Act, of 1956, is an Indian legislative statute that governs Hindu child adoption and maintenance rights under Family Law. Here are some quick notes on the important provisions of the Hindu Adoption Act. Adoption, as defined in the Manu Smriti, is the transfer of a child from one family to another. In this ancient culture, the goal was not only to get a son by adoption; rather, the idea was for the adopted son to have the attributes of a natural-born child. The Hindu Adoption and Maintenance Act greatly enlarged the meaning of 'adoption' by using the term 'child' rather than a son.' This enlargement includes both girls and boys, emphasising that the adopted kid should possess the characteristics of a natural-born child.

Meaning of the word 'Adoption'

• The term "adoption" is not defined in the Act, although it is a Hindu law inherited from uncodified Hindu laws of Dharmasastra, notably Manusmriti.

• Manusmriti defines adoption as 'getting someone else's son and nurturing him as one's own'.

• The Hindu Adoption and Maintenance Act broadened the meaning of 'adoption' by using the word 'child' instead of son'. A child might be a girl or a boy, not only a son.

• As society evolved, codified and consistent law was essential to serve democracy; therefore, no adoption may be made without following the method outlined in this act. Any adoption made in violation of this legislation would be declared null and invalid.

• Adoption shall be legitimate only if it is made by this Act.

Object of Adoption

• Adoption in traditional Hindu law was distinguished by twelve sorts of sons, five of which were connected to adopted children.

• In current Hindu law, the aurasa, the legitimate son born to the father and his lawfully married wife, is recognised. Adopted sons were classified into two types: Dattaka and Kritrima.

• The Dattaka form was widely used across India, whereas the kritrima form was more common in Mithila and surrounding areas.

• The Adoption and Maintenance Act, like ancient laws, acknowledges the adoption of both boys and girls.

The Indian Adoption Procedure

A person has to be a Hindu and capable of adopting a child to do so. Hindu women who want to adopt must follow Section 8 of the same statute, while Hindu males who want to adopt must fulfil the standards outlined in Section 7 of the act. Adopting a son or daughter is possible for any Hindu male who is of sound mind and has reached the age of 21, or for any Hindu girl who is of sound mind and has reached the age of 18.

Capacity to Adopt: Hindu Male

Section 7: The requirements that a male Hindu who wants to adopt a child must meet are listed in Section 7 of the Hindu Adoption and Maintenance Act. Among these criteria are:

1. Sound Mind: The prospective adopter has to be mentally sound. The Act clearly states that those with epilepsy, stupidity, and madness are deemed to be of unsound mind and defines "unsoundness of mind" to include a variety of diseases.

2. Majority: The male Hindu adopting the child must be of voting age.

3. Approval of the Wife: Obtaining the wife's approval is essential to a legal adoption. The law highlights how important spouse consent is to the adoption procedure. When a male Hindu has many wives, the adoption cannot be considered enforceable without the approval of each wife.

4. Possibility of Becoming a Father: The person must be physically capable of becoming a father.

In the case of Bhola & ors v. Ramlal & ors, the plaintiff had two wives, and the adoption's legality was questioned since he had adopted without first getting one of them to agree. The plaintiff claimed that his spouse had vanished and was thus effectively dead.

The plaintiff's wife ran away, but the Madras High Court noted that she could not be deemed dead until she had not been heard from for at least seven years. It was decided that each wife's approval was required for a lawful adoption as long as the wives were still living.

Adoption does not require the wife's approval if she has left her worldly life or converted to another faith. However, a Hindu man who wishes to adopt children must first have a surviving wife.

Capacity to Adopt: Hindu Female

Section 8: The requirements for a Hindu woman who wants to adopt a child are listed in Section 8 of the Hindu Adoption and Maintenance Act. The following are the main ideas covered in this section:

1. Age of Majority: The lady has to have reached the legal age of majority, which is typically 18 years old.

2. Sound Mind: The need for the woman to be of sound mind is comparable to that for men.

3. Living Husband: Unlike males, women are not eligible to adopt a child if they are married. She is ineligible to adopt a kid if her spouse is still living.

4. Marital Status: To be eligible for adoption, the lady must fit one of the following categories: widow, divorced, or single.

5. Conversion or Renunciation: The woman's agreement is not needed for adoption if she has given up on her life and/or converted to a different faith.

When is an adoption valid?

Only a Hindu who complies with the requirements outlined in Section 6 of the act is eligible to adopt a child under Hindu adoption law:

• The adoptive parent(s) is/are capable of adopting; the person(s) offering up the kid for adoption is/are capable of doing so

• The individual up for adoption is/are capable of being taken in adoption, and the adoption is completed in accordance with the law.

• Adoption won't be considered legitimate unless these conditions are met.

Consequences of Adoption

A child's life will be drastically altered by adoption in a variety of ways. In addition to gaining rights over the land, he joins a new family.

Section 12

• After adoption, a child is treated as the adoptive parents' child for all intents and purposes.

• All parental responsibilities and rights will be granted to the adoptive parents.

• The kid will have all of a son's or daughter's rights and responsibilities.

However, after being adopted, the child has some requirements to follow, like:

• He or she is not allowed to marry someone from their birth family or engage in incestuous relationships with any member of their biological family. They will be subject to the "Sapinda relation" regulations outlined in the Hindu Marriage Act, 1955 concerning their birth family.

• If the kid owned any property before the adoption, it would remain in their ownership following the adoption. But holding such property may impose certain responsibilities on him, and he will be responsible for fulfilling them all, including the need to support his biological family if necessary.

• No property owned by any member of the adopted child's birth family may be taken away from them after the adoption.

In the case of Sri Chandra Nath Sadhu And Ors. vs The State Of West Bengal And Ors. On 23 May 2003, The High Court of Calcutta declared that no rights that might have been acquired by a legal adoption will be created in the adoptive family by a void adoption, and any rights that already existed in the child's biological family shall terminate.

Meaning of the word 'Maintenance'

• Sections 18 to 28 of the Hindu Adoption and Maintenance Act and Sections 24 and 25 of the Hindu Marriage Act of 1955 both address the idea of maintenance in Chapter III.

• Although the Hindu Adoption and Maintenance Act of 1956 defines maintenance. All of life's necessities, including food, clothes, housing, education, and access to healthcare, are included in the definition of maintenance.

• For a single woman, it covers all appropriate costs, including those associated with her union. Maintenance must be paid till marriage.

Provisions of Maintenance Under the Law

Section 18

According to the act's Section 18(3), a wife is not eligible for maintenance:

• Hindu wives are not eligible for maintenance if they have committed adultery or engaged in any other illegal sexual contact with another person.

• Furthermore, if she converts to a faith outside of Hinduism and stops being a Hindu.

Section 19

The Hindu Adoption and Support Act declares as much in Section 19, yet the father-in-law is only responsible for support if:

• His daughter-in-law is unemployed, has no assets to support herself, and what little property she does have is insufficient to cover her essential needs.

• If she has no property of her own and all of her husband's, neither her parents nor her kids are providing for her.

Section 20

The act's Section 20 declares:

• Whether their offspring are illegitimate or genuine, Hindu men and women are expected to support them.

• As long as they are minors, children are entitled to maintenance claims from their parents.

• Even after reaching the age of majority, an unmarried daughter will be eligible for support until the day she gets married.

Section 21

According to Section 21 of the Act, the following relatives of the deceased are considered dependents for the purposes of this Act:

• A paternal figure.

• a mother.

• a widow who is still single.

• A young son, grandchild, or great-grandchild whose grandfather and father have passed away. if and only if he has been unable to find another source of upkeep.

• Daughter, unmarried; granddaughter; great-granddaughter; father and grandpa deceased. if and only if she has been unable to find another source of upkeep.

• The bereaved daughter has been unable to get any support from her in-laws, children, or husband's inheritance.

• Widowed daughter-in-law, or widowed granddaughter-in-law, who has not been able to collect support from any other sources.

• An unmarried daughter or an illegitimate son who is still a minor.

Section 22

The act's Section 22 declares:

• Hindus who pass away must provide for their dependents using the estate they got from the deceased's spouse.

• Dependents are entitled to maintenance from the executor of the estate if they have not received any share in the property or estate through will or succession.

• If more than one individual inherits the deceased's property, they will all be responsible for providing for the dependents.

• The worth of each of their shares in that property will determine how much upkeep has to be paid.

Section 23

According to Section 23 of the act, the following factors must be taken into account by the court when determining how much maintenance should be given to a wife, children, or elderly and infirm parents:

• The parties' present circumstances and status; The parties' claims, within reasonable bounds;

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• If the claimant who is living apart from the claimant has good reason to do so,

• the claimant's whole income stream and the worth of their belongings;

• The number of individuals who are eligible for continued care.

Section 24

As per Section 24 of the Act, Under the Hindu Adoption and Support Act, no one who has converted to another faith and ceased to be a Hindu is eligible to receive support.

Section 25

According to Section 25 of the legislation, maintenance payments may be adjusted to reflect changes in circumstances. Still, this section is ambiguous. It is unclear what modifications to the conditions can be requested or how to go about making them.

In the case of Binda Prasad Singh v. Mundrika Devi, the High Court of Patna noted that Section 25 did not specify a specific process for changing the sum.

The court declared as follows:

• Either a decision or an agreement specifies the amount of maintenance.

• An agreement can only be changed by another agreement, and a decree can only be changed by changing its degree.

• Therefore, to change the maintenance amount, a new lawsuit must be launched, and if the court deems it appropriate, a new decree superseding the previous one must be obtained.

Conclusion

As the explanation above makes clear, the Hindu Adoption and Maintenance Act is comprehensive and substantial, but it's also important to remember that Indian marital law may be highly vague and vary depending on the circumstances of each case. Over time, the number of divorce cases has grown, yet people's awareness and knowledge of these issues are lacking. You may simply address adoption and maintenance concerns by consulting an internet lawyer or a legal professional who can offer the appropriate family legal guidance in such marriage situations.