Bare Act Search Results

Hindu Adoptions and Maintenance Act, 1956 Chapter II

Title: Adoption

State: Central

Year: 1956

.....by Act 45 of 1962, section 3, for sub-section (4). 3. The word "and" omitted by Act 45 of 1962, section 3. 4. Inserted by Act 45 of 1962, section 3. Section 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 Hindu; (ii) he or she has not already been adopted; (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 taken in adoption. Section 11 - Other conditions for a valid adoption In every adoption, the following conditions must be complied with:- (i) if the adoption is of a son, 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 or by adoption) living at the time of adoption; (ii) if the adoption is of a daughter, the adoptive father or mother by.....

Hindu Adoptions and Maintenance Act, 1956 Section 12

Title: Effects of Adoption

State: Central

Year: 1956

An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: Provided that- (a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth; (b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth; (c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.

Hindu Adoptions and Maintenance Act, 1956 Section 14

Title: Determination of Adoptive Mother in Certain Cases

State: Central

Year: 1956

(1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother. (2) Where an adoption has been made with the consent of more than one wife, the seniormost in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers. (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. (4) Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child.

Hindu Adoptions and Maintenance Act, 1956 Section 15

Title: Valid Adoption Not to Be Cancelled

State: Central

Year: 1956

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 return to the family of his or her birth.

Hindu Adoptions and Maintenance Act, 1956 Complete Act

State: Central

Year: 1956

.....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. SECTION 03: 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 the rule is certain and not unreasonable or opposed to public policy: Provided further that, in the case of a rule applicable only to a family, it has not been discontinued by the family; (b) "maintenance" includes- (i) in 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 of and incidents to her marriage; (c) "minor" means a person who has not completed his or her age of eighteen years. SECTION 04: 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.....

Hindu Adoptions and Maintenance Act, 1956 Section 9

Title: Persons Capable of Giving in Adoption

State: Central

Year: 1956

....."mother" do not include an adoptive father and an adoptive father and an adoptive mother; 3 [* * *] 4 [(ia) "guardian" means a person having the care of the person of a child or of both his person and property and includes- (a) a guardian appointed by the will of the child's father or mother; and (b)a guardian appointed or declared by a court; and] (ii) "court" means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides. ___________________________ 1. Substituted by Act 45 of 1962, section 3, for "sub-section (3)". 2. Substituted by Act 45 of 1962, section 3, for sub-section (4). 3. The word "and" omitted by Act 45 of 1962, section 3. 4. Inserted by Act 45 of 1962, section 3.

Hindu Adoptions and Maintenance Act, 1956 Section 11

Title: Other Conditions for a Valid Adoption

State: Central

Year: 1956

.....is at least twenty-one years older than the person to be adopted; (v) the same child may not be adopted simultaneously by two or more persons; (vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth1[or in the case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption: Provided that the performance of datta homam shall not be essential to the validity of adoption. ___________________________ 1. Inserted by Act 45 of 1962, section 4.

Commissions for Protection of Child Rights Act, 2005 Preamble 1

Title: Commissions for Protection of Child Rights Act, 2005

State: Central

Year: 2005

THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005 [Act, No. 4 of 2006] [20th January, 2006] PREAMBLE An Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children's Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. WHEREAS India participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children; AND WHEREAS India has also acceded to the Convention on the Rights of the Child (CRC) on the 11th December, 1992; AND WHEREAS CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Convention; AND WHEREAS in order to ensure protection of rights of children one of the recent initiatives that the Government have taken for Children is the adoption of National Charter for Children, 2003; AND WHEREAS the UN General Assembly Special Session on Children held in May, 2002 adopted an Outcome Document titled "A World Fit.....

Hindu Adoptions and Maintenance Act, 1956 Section 16

Title: Presumption as to Registered Documents Relating to Adoption

State: Central

Year: 1956

Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

Prohibition of Child Marriage Act 2006 Complete Act

Title: Prohibition of Child Marriage Act 2006

State: Central

Year: 2006

.....for solemnising a child marriages Section11 - Punishment for promoting or permitting solemnization of child marriages Section12 - Marriage of a minor child to be void in certain circumstances Section13 - Power of court to issue injunction prohibiting child marriages Section14 - Child marriages in contravention of injunction orders to be void Section15 - Offences to be cognizable and non-bailable Section16 - Child Marriage Prohibition Officers Section17 - Child Mariage Prohibition Officers to be public servants Section18 - Protection of action taken in good faith Section19 - Power of State Government to make rules Section20 - Amendment of Act No. 20 of 1955 Section21 - Repeal and savings