The Hindu Adoptions and Maintenance Act, 1956

Act No. 78

21-Dec-1956

Section 1 — Short title and extent .―(1)This Act may be called the Hindu Adopt ions and Maintenance

1. Short title and extent .―(1)This Act may be called the Hindu Adopt ions and Maintenance Act, 1956.

(2)It extends to the whole of India 2***.

Section 2 — Applic ation of Act .―(1) This Act applies―

2. Applic ation 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 B rahmo, Prarthana or AryaSamaj,

(b)to any person who is a Buddhist, Jaina or Sikh by religion, and

(c)to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein i f this Act had not been passed. Explanation .―The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:―

(a)any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhist s, Jainas or Sikhs by religion;

(b)any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; 3* * * 4[(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother or whose parentage is not known and who in either case is brought up as a Hindu, Buddhist, Jaina o r Sikh; and]

(c)any person who is a convert or re -convert to th e Hindu, Bu ddhist, Jaina or Sikh religion.

(2)Notwithstanding anything contained in sub -section ( 1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unles s the Central Government, by notification in the Offic ial Gazette, otherwise directs.

Section 1 — This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule.

1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule. This Act has been amended in U.P. Act 57 of 1976. This Act shall, from a date to be notified by the administrator, come into force in Pondicherry, subject to the following modification: In section 2, after sub -section ( 2), insert:― “(2A) Notwithstanding anything contained in sub -section ( 1) nothing contained in this Act shall apply to the renoncants of the Union territory of Pondicherry.”

Section 2 — The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule

2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019).

Section 3 — Definitions .―In this Act, unless the context otherwise requires ,―

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 the rule is certain and not unreasonab le or opposed to public policy: and Provided further that, in the case of a rule applicable only to a family, it has not b een discontinued by the family;