Bare Act Search Results

Hindu Adoptions and Maintenance Act, 1956 Chapter III

Title: Maintenance

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).....

Hindu Adoptions and Maintenance Act, 1956 Section 19

Title: Maintenance of Widowed Daughter-in-law

State: Central

Year: 1956

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law: Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance- (a) from the estate of her husband or her father or mother, or (b) from her son or daughter, if any, or his or her estate. (2) Any obligation under sub-section (1) shall not be enforceable if the father-in law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the re-marriage of the daughter-in-law.

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 21

Title: Dependants Defined

State: Central

Year: 1956

For the purposes of this Chapter "dependants" means the following relatives of the deceased:- (i) his or her father; (ii) his or her mother; (iii) his widow, so long as she does not re-marry; (iv) his or her son or the son of his predeceased son or the son of predeceased son of his predeceased son, so long as he is a minor;provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father's or mother's estate, and in the case of a great grand-son, from the estate of his father or mother or father's father or father's mother; (v) his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried: provided and to the extent that she is unable to obtain maintenance, in the case of a grand-daughter from her father's or mother's estate and in the case of a great-grand-daughter from the estate of her father or mother or father's father or father's mother; (vi) his widowed daughter:provided and to the extent that she is unable to obtain maintenance- (a) from the estate of her husband, or (b) from her son or daught

Hindu Adoptions and Maintenance Act, 1956 Section 22

Title: Maintenance of Dependants

State: Central

Year: 1956

(1) Subject to the provisions of sub-section (2) the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased. (2) Where a dependant has not obtained, by testamentary or intestate-succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate. (3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her. (4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part, the value of which 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.

Maintenance Orders Enforcement Act 1921 Section 8

Title: Enforcement of Maintenance Orders

State: Central

Year: 1921

(1) Subject to the provisions of this Act, where an order has been registered under this Act in a High Court, the order shall, from the date of such registration, be of the same force and effect, and all proceedings may be taken thereon as if it had been an order originally obtained in the High Court in the exercise of its civil jurisdiction, or in such Civil Court subordinate to that High Court as may be named by the High Court in this behalf, and that Court shall have power to enforce the order accordingly. (2) A Court of summary jurisdiction in which an order has been registered under this Act or by which an order has been confirmed under this Act, and the officers of such Court, shall have such powers and perform such duties, for the purpose of enforcing the order, as may be prescribed.

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Chapter II

Title: Maintenance of Parents and Senior Citizens

State: Central

Year: 2007

.....Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974) and shall be executed in the manner prescribed for the execution of such order by that Code. Section 12 - Option regarding maintenance in certain cases Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974), where a senior citizen or a parent is entitled for maintenance under the said Chapter and also entitled for maintenance under this Act may, without prejudice to the provisions of Chapter IX of the said Code, claim such maintenance under either of those Acts but not under both. Section 13 - Deposit of maintenance amount When an order is made under this Chapter, the children or relative who is required to pay any amount in terms of such order shall, within thirty days of the date of announcing the order by the Tribunal, deposit the entire amount ordered in such manner as the Tribunal may direct. Section 14 - Award of interest where any claim is allowed Where any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition to the amount of maintenance, simple interest shall also be paid at such rate and from such date.....

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Section 5

Title: Application for Maintenance

State: Central

Year: 2007

.....the time being in force. (2) The Tribunal may, during the pendency of the proceeding regarding monthly, allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct. (3) On receipt of an application for maintenance under sub-section (1), after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance. (4) An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person: Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing. (5) An application for maintenance under sub-section (1) may be filed against one or more persons: Provided that such children or relative.....

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.....

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Complete Act

Title: Maintenance and Welfare of Parents and Senior Citizens Act 2007

State: Central

Year: 2007

.....of Appellate Tribunal Section16 - Appeals Section17 - Right to legal representation Section18 - Maintenance Officer Chapter III Section19 - Establishment of oldage homes Chapter IV Section20 - Medical support for senior citizens Chapter V Section21 - Measures for publicity, awareness, etc., for welfare of senior citizens Section22 - Authorities who may be specified for implementing the provision of this Act Section23 - Transfer of property to be void in certain circumstances Section24 - Exposure and abandonment of senior citizen Section25 - Cognizance of offences Section26 - Officers to be public servants Section27 - Jurisdiction of civil courts barred Section28 - Protection of action taken in good faith Section29 - Power to remove difficulties Section30 - Power of Central Government to give directions Section31 - Power of Central Government to review Section32 - Power of State Government to make rules