Bare Act Search Results

Hindu Adoptions and Maintenance Act, 1956 Complete Act

State: Central

Year: 1956

.....is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act. SECTION 23: AMOUNT OF MAINTENANCE (1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable. (2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to - (a) the position and status of the parties; (b) the reasonable wants of the claimant; (c) if the claimant is living separately, whether the claimant is justified in doing so; (d) the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source; (e) the number of persons entitled to maintenance under this Act. (3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to - (a) the net value of the.....

Hindu Adoptions and Maintenance Act, 1956 Chapter IV

Title: Repeal and Savings

State: Central

Year: 1956

[Rep. by the Repealing and Amending Act, 1960 (58 of 19600 section 2 and Schedule I]. Section 30 - Saving Nothing contained in this Act shall affect any adoption made before the commencement of this Act, and the validity and effect of any such adoption shall be determined as if this Act had not been passed.

Hindu Adoptions and Maintenance Act, 1956 Section 30

Title: Saving

State: Central

Year: 1956

Nothing contained in this Act shall affect any adoption made before the commencement of this Act, and the validity and effect of any such adoption shall be determined as if this Act had not been passed.

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 5

Title: Adoptions to Be Regulated by This Chapter

State: Central

Year: 1956

(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 void. (2) An adoption which is void shall neither create 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.

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.

Hindu Adoptions and Maintenance Act, 1956 Complete Act

Title: Hindu Adoptions and Maintenance Act, 1956

State: Central

Year: 1956

Preamble1 - HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 Chapter I Section1 - Short title and extent Section2 - Application of Act Section3 - Definitions Section4 - Overriding effect of Act Chapter II Section5 - Adoptions to be regulated by this Chapter Section6 - Requisites of a valid adoption Section7 - Capacity of a male Hindu to take in adoption Section8 - Capacity of a female Hindu to take in adoption Section9 - Persons capable of giving in adoption Section10 - Persons who may be adopted Section11 - Other conditions for a valid adoption Section12 - Effects of adoption Section13 - Right of adoptive parents to dispose of their properties Section14 - Determination of adoptive mother in certain cases Section15 - Valid adoption not to be cancelled Section16 - Presumption as to registered documents relating to adoption Section17 - Prohibition of certain payments Chapter III Section18 - Maintenance of wife Section19 - Maintenance of widowed daughter-in-law Section20 - Maintenance of children and aged parents Section21 - Dependants defined Section22 - Maintenance of dependants Section23 - Amount of maintenance Section24 - Claimant to maintenance should be a Hindu.....

Hindu Adoptions and Maintenance Act, 1956 Section 6

Title: Requisites of a Valid Adoption

State: Central

Year: 1956

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; and (iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.

Hindu Adoptions and Maintenance Act, 1956 Section 10

Title: Persons Who May Be Adopted

State: Central

Year: 1956

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.

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.